Ex Parte Tobako - Page 8




          Appeal No. 2004-0299                                                        
          Application No. 09/932,543                                                  

          by Tremblay if it were provided with the rotational feature                 
          proposed by the examiner.                                                   
               For this reason, we cannot sustain the examiner’s section              
          103 rejection of claims 9-13 and 15-20 as being unpatentable over           
          Tremblay in view of Raber or the corresponding rejection of claim           
          14 as being unpatentable over these references and further in               
          view of Prichard.                                                           
               The decision of the examiner 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                                    



                    Bradley R. Garris               )                                 
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Catherine Timm                  ) BOARD OF PATENT            
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               Beverly A. Pawlikowski         )                                       
                         Administrative Patent Judge     )                            

          BRG:tdl                                                                     


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