Ex Parte Fitzgerald et al - Page 7




          Appeal No. 2004-0348                                                        
          Application No. 09/901,220                                                  


               As a final point, we note that appellants base no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results.                                                                    
               In conclusion, based on the foregoing, the examiner's                  
          rejections of claims 54-56 and 59-64 are sustained, whereas the             
          examiner's rejection of claim 65 is reversed.  Accordingly,                 
          the examiner's decision rejecting the appealed claims 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                                    



                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         ROMULO H. DELMENDO            ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         BEVERLY PAWLIKOWSKI           )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     


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