Ex Parte FOGAL et al - Page 7

          Appeal No. 2003-2104                                                        
          Application No. 09/422,887                                                  

          used by appellants fails to provide a substantive distinction               
          from the multidie devices fairly described by de Givry.                     
               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims 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                                        


                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         CATHERINE TIMM                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         JEFFREY T. SMITH              )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     






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