Smith Appeal No. 2002-1817 Page 8
Application No. 09/432,862
references. See In re Kronig, 539 F.2d 1300,1304, 190 USPQ 425, 427-428 (CCPA
1976), and Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Int. 1985), aff’d. mem.,
759 F.2d 1017 (Fed. Cir. 1986). That is the case here.
CONCLUSION
The rejection of claims 1-3, 5-7, 9 and 10 as being unpatentable over Smith in
view of De La Cerda is sustained
The rejection of claims 4 and 8 as being unpatentable over Smith in view of De
La Cerda and Ruff is sustained.
The decision of the examiner 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
NEAL E. ABRAMS )
Administrative Patent Judge )
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