Ex Parte Chumley - Page 6




                    Appeal No. 2004-1938                                                                                                                                  
                    Application No. 09/887,741                                                                                                                            


                    35 U.S.C. § 102(b) as being anticipated by Schurz has not been                                                                                        
                    sustained.  Thus, 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                                                                                     





                                                  IRWIN CHARLES COHEN                                        )                                                            
                                                  Administrative Patent Judge                                )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             ) BOARD OF PATENT                                            
                                                  CHARLES E. FRANKFORT                                       )     APPEALS                                                
                                                  Administrative Patent Judge                                )       AND                                                  
                                                                                                             )  INTERFERENCES                                             
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                                                                             )                                                            
                                                  JENNIFER D. BAHR                                           )                                                            
                                                  Administrative Patent Judge                                )                                                            



                    CEF/lbg                                                                                                                                               


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