Ex Parte MCCANN - Page 9




                Appeal No. 1999-2226                                                                                 Page 9                  
                Application No. 08/582,678                                                                                                   

                accept the Examiner’s apparent position that it would have been prima facie obvious to secure                                
                the templates to the tray in Murphy by flowing plastic around same.                                                          
                        In light of the foregoing, we cannot sustain the Examiner’s § 103 rejection of claim 7.                              


                                                             CONCLUSION                                                                      
                        The decision of the Examiner to reject claims 1-6, 8-10, 20 and 21 under 35 U.S.C. § 103                             
                over Murphy in view of AAPA is affirmed.  The decision of the Examiner to reject claim 7 under                               
                35 U.S.C. § 103 is reversed.                                                                                                 
                        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                                                                    


                                         BRADLEY R. GARRIS                                 )                                                 
                                         Administrative Patent Judge                       )                                                 
                                                                                           )                                                 
                                                                                           )                                                 
                                                                                           )                                                 
                                                                                           ) BOARD OF PATENT                                 
                                         ROMULO H. DELMENDO                                )     APPEALS                                     
                                         Administrative Patent Judge                       )       AND                                       
                                                                                           )  INTERFERENCES                                  
                                                                                           )                                                 
                                                                                           )                                                 
                                                                                           )                                                 
                                         BEVERLY A. PAWLIKOWSKI                            )                                                 
                                         Administrative Patent Judge                       )                                                 

                BRG/tdl                                                                                                                      






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