Ex Parte Pearlstein et al - Page 6



         Appeal No. 2005-0531                                                       
         Application No. 10/120,708                                                 

         results, which would serve to refute the prima facie case of               
         obviousness established by the examiner.                                   
              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)(1)(iv) (effective Sep. 13, 2004; 69 Fed. Reg. 49960             
         (Aug. 12, 2004); 1286 Off. Gaz. Pat. Office 21 (Sep. 7, 2004)).            
                                      AFFIRMED                                      


                        EDWARD C. KIMLIN              )                             
                        Administrative Patent Judge   )                             
                                                      )                             
                                                      )                             
                                                      )                             
                                                      )                             
                        THOMAS A. WALTZ               ) BOARD OF PATENT             
                        Administrative Patent Judge   )   APPEALS AND               
                                                      )  INTERFERENCES              
                                                      )                             
                                                      )                             
                                                      )                             
                        PETER F. KRATZ                )                             
                        Administrative Patent Judge   )                             
         ECK:clm                                                                    



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