Ex Parte Horburger et al - Page 8



          Appeal No. 2005-1042                                                        
          Application No. 09/759,543                                                  
          to those addressed earlier and remain unpersuasive for the                  
          reasons previously explained.                                               
               As a consequence, we hereby sustain the section 103                    
          rejection of claims 1-3 and 5 as being unpatentable over Goss in            
          view of Niebylski.                                                          
               The decision of the examiner 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                                        


                    Edward C. Kimlin                )                                 
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Bradley R. Garris               ) BOARD OF PATENT            
                         Administrative Patent Judge     )   APPEALS AND              
                                                  )  INTERFERENCES                    
                                                  )                                   
                                                  )                                   
               Chung K. Pak                       )                                   
                         Administrative Patent Judge     )                            





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