Ex Parte Cordes et al - Page 5


          Appeal No. 2003-                                                            
          Application No. 09/                                                         

               Because the appellants have not successfully rebutted the              
          examiner’s prima facie case of anticipation, we affirm the                  
          examiner’s rejection under 35 U.S.C. § 102(b) of appealed claims            
          23 through 26 as anticipated by Kitamura.                                   
               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                                        








                         Charles F. Warren             )                              
                         Administrative Patent Judge )                                
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         Terry J. Owens               )                              
                         Administrative Patent Judge ) APPEALS AND                    
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                                                       )                              
                         Romulo H. Delmendo            )                              
                         Administrative Patent Judge )                                


          rhd/                                                                        

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