Appeal No. 2003-0774
Application 09/841,764
claims 36-44 and 46-53 is unsupported by the applied prior art.
The examiner should consider whether a proper rejection can be
made against claims 36-44 and 46-53 using Delargy as one of the
applied teachings.
In summary, we have sustained the examiner’s rejection of
claims 21-35, but we have not sustained the examiner’s rejection
of claims 36-44 and 46-53. Therefore, the decision of the
examiner rejecting claims 21-44 and 46-53 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
JERRY SMITH )
Administrative Patent Judge )
)
)
)
MICHAEL R. FLEMING ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
MAHSHID SAADAT )
Administrative Patent Judge )
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