Ex Parte Thompson et al - Page 11



          Appeal No. 2005-1132                                                        
          Application No. 09/738,294                                                  
          claim 23 to determine the status (presence and availability) of             
          network components in Tang.  As noted above, we find that it is             
          unnecessary to rely on Klein in support of the examiner’s                   
          rejection.                                                                  
          In summary, we have sustained each of the examiner’s                        
          rejections of the claims on appeal.  Therefore, the decision of             
          the examiner rejecting claims 1-23 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).                                                          
          AFFIRMED                                                                    


                    JERRY SMITH                   )                                   
                    Administrative Patent Judge   )                                   
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                                                  )                                   
                    JOSEPH F. RUGGIERO            )     APPEALS AND                   
                    Administrative Patent Judge   )                                   
                                                  )    INTERFERENCES                  
                                                  )                                   
                                                  )                                   
                                   )                                                  
                    JOSEPH L. DIXON               )                                   
                    Administrative Patent Judge   )                                   

          JS/dpv                                                                      
                                        -11-                                          




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