Ex Parte Wong et al - Page 5

               Appeal No. 2004-0634                                                                                               
               Application No. 09/948,271                                                                                         


               40 USPQ2d 1309, 1311 (Fed. Cir. 1996) (citing In re Dillon, 919 F.2d 688, 693, 16 USPQ2d                           
               1897, 1901 (Fed. Cir. 1990)(in banc)).  Accordingly, based on the record before us, we find that                   
               the examiner has established a prima facie case of obviousness.                                                    
                      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                                                                







                              Edward C. Kimlin                      )                                                             
                              Administrative Patent Judge                   )                                                     
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                              Charles F. Warren                     )     APPEALS AND                                             
                              Administrative Patent Judge                   )    INTERFERENCES                                    
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                               Thomas A. Waltz                             )                                                     
                              Administrative Patent Judge                   )                                                     
               CFW/JV/cam                                                                                                         






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