Ex Parte DeWall et al - Page 6



          Appeal No. 2005-1003                                                        
          Application No. 09/967,249                                                  

               As a final point, we note that appellants base no argument             
          upon objective evidence of nonobviousness, such as unexpected               
          results, which would serve to rebut 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   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         BEVERLY PAWLIKOWSKI           )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     
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