Ex Parte Schooler - Page 5




          Appeal No. 2004-0200                                                        
          Application No. 09/908,709                                                  

               For the above reasons we conclude that a prima facie case of           
          obviousness of the appellant’s claimed invention has been                   
          established and has not been effectively rebutted by the                    
          appellant.  Accordingly, we affirm the examiner’s rejections.               
                                      DECISION                                        
               The rejections under 35 U.S.C. § 103 of claims 1, 3-6, 8               
          and 9 over Dessert in view of Deguchi, and claim 7 over Dessert             
          in view of Deguchi and Chung, are 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   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         Terry J. Owens                )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         Jeffrey T. Smith              )                              
                         Administrative Patent Judge   )                              



          TJO/eld                                                                     
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