Ex parte HUNG-CHE et al. - Page 5

                  Appeal No. 1999-1115                                                                                                                    
                  Application No. 08/821,217                                                                                                              


                  the argument is not persuasive as appellants have not shown any nexus between whatever commercial                                       

                  success has been had and the specific claim language.                                                                                   

                  The examiner’s decision rejecting claims 1-9 under 35 U.S.C. 103 is affirmed.                                                           

                  No time period for taking any subsequent action in connection with this appeal may be extended                                          

                  under 37 CFR § 1.136(a).                                                                                                                

                                                                     AFFIRMED                                                                             






                                             Errol A. Krass                     )                                                                         
                                             Administrative Patent Judge )                                                                                
                                                                                )                                                                        
                                                                                         ) BOARD OF PATENT                                               
                                                                        )   APPEALS AND                                                                   
                                             Michael R. Fleming                  ) INTERFERENCES                                                          
                                             Administrative Patent Judge                  )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                             Howard B. Blankenship                        )                                                               
                                             Administrative Patent Judge                  )                                                               








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