Ex Parte DAILEY et al - Page 6

          Appeal No. 2001-0249                                                        
          Application No. 08/786,494                                                  

          Moreover, we will not sustain the rejection of claims 19, 20, 23,           
          24, 27-30 and 35 under 35 U.S.C. 103.                                       

               Since we have sustained the rejection of claim 35 under                
          35 U.S.C. 112, first and second paragraphs, due to a lack of any            
          argument by appellants, but we have not sustained the rejections            
          of claims 17-35 based on prior art, the examiner’s decision is              
          affirmed-in-part.                                                           
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    




                         KENNETH W. HAIRSTON           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         ERROL A. KRASS                )BOARD OF PATENT               
                         Administrative Patent Judge   ) APPEALS AND                  
                                                       )INTERFERENCES                 
                                                       )                              
                                                       )                              
                                                       )                              
                                         -6–                                          




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