Appeal No. 2004-0065 Page 7
Application No. 09/642,585
In summary: the examiner’s rejection of claims 1 through 11, 24 and 25 under 35
U.S.C. § 103(a) based on Jeffrey in view of Focke has not been sustained, while that of
claims 1 through 11, 24 and 25 under 35 U.S.C. § 103(a) as being unpatentable over
Focke in view of Jeffrey has been sustained. Since one rejection of all of the claims
before us on appeal has been sustained, it follows that 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 )
)
)
) BOARD OF PATENT
Charles E. Frankfort )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lawrence J. Staab )
Administrative Patent Judge )
CEF/jlb
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