Ex Parte Matthies - Page 6




                  Appeal No. 2005-1037                                                                                                                    
                  Application No. 09/904,269                                                                                                              


                           In view of the foregoing, we sustain the rejection of the examiner as to claim 1.                                              
                  We will also sustain the rejection as it is directed to claims 2 to 20 as these claims stand                                            
                  or fall with claim 1 (brief at page 4).                                                                                                 
                           The rejection  of claims 1-20 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                                                                         



                                             KENNETH W. HAIRSTON                                   )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             MURRIEL E. CRAWFORD                          )                 APPEALS                                       
                                             Administrative Patent Judge                           )        AND                                           
                                                                                                   ) INTERFERENCES                                        
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             LANCE LEONARD BARRY                                   )                                                      
                                             Administrative Patent Judge                           )                                                      





                  MEC/jrg                                                                                                                                 




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