Ex Parte MAKINO et al - Page 10




          Appeal No. 2002-1876                                                        
          Application 09/358,158                                                      

               For the reasons stated above, we conclude that the teachings           
          of the references are sufficient to establish a prima facie case            
          of obviousness, which has been rebutted.  The rejection of                  
          claims 1-5, 7, and 8 is sustained.                                          
               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            
                         JERRY SMITH                   )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )   INTERFERENCES              
                                                       )                              
                                                       )                              
                         LEE E. BARRETT                )                              
                         Administrative Patent Judge )                                









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