Ex Parte Klitsch et al - Page 6

                  Appeal No. 2005-1708                                                                                        Page 6                      
                  Application No. 10/370,122                                                                                                              


                                                                  CONCLUSION                                                                              
                           To summarize, the rejections of claims 1 and 3-5 as being anticipated by Niaura                                                
                  and claims 6-8 as being unpatentable over Niaura are reversed and the rejection of                                                      
                  claim 2 as being unpatentable over Niaura in view of Finn is sustained.  The examiner’s                                                 
                  decision is affirmed-in-part.                                                                                                           
                           No time period for taking any subsequent action in connection with this appeal                                                 
                  may be extended under 37 CFR § 1.136(a).                                                                                                
                                                              AFFIRMED-IN-PART                                                                            





                                             CHARLES E. FRANKFORT                                  )                                                      
                                             Administrative Patent Judge                           )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   ) BOARD OF PATENT                                      
                                             JOHN P. MCQUADE                                       )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
                                                                                                   )                                                      
                                                                                                   )                                                      
                                                                                                   )                                                      
                                             JENNIFER D. BAHR                                      )                                                      
                                             Administrative Patent Judge                           )                                                      










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