Appeal No. 2004-1174
Application No. 09/470,793
recognition within the Abuto reference of the criticality of
using either three or five absorbing panels in the final
absorbing product" (page 5 of Brief, second paragraph), the
examiner correctly points out that criticality is not relevant in
view of Abuto's description of the claimed structure (see Figure
2 of Abuto).
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims 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 )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
PETER F. KRATZ )
Administrative Patent Judge )
ECK:clm
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