Ex Parte Yang - Page 11



          Appeal No. 2005-0713                                                        
          Application No. 10/153,719                                  Page 11         

                                      CONCLUSION                                      
               The decision of the examiner to reject claims 1-3, 5, and 11-          
          12 under 35 U.S.C. § 102(b) as being anticipated by Gesche and to           
          reject claim 4 under 35 U.S.C. § 103(a) as being unpatentable over          
          Gesche in view of Singh is affirmed.  The decision of the examiner          
          to reject claims 1-3, 5, and 11-12 under 35 U.S.C. § 103(a) as              
          being unpatentable over Nakano in view of Nguyen and to reject              
          claim 4 under 35 U.S.C. § 103(a) as being unpatentable over Nakano          
          and Nguyen in view of Singh is reversed.                                    
               No time period for taking any subsequent action in connection          
          with this appeal may be extended under 37 CFR § 1.136(a).                   
                                       AFFIRMED                                       


                         CHUNG K. PAK                  )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         PETER F. KRATZ                )                              
                        Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         CATHERIN TIMM                 )                              
                         Administrative Patent Judge   )                              








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