Ex Parte Rizzotto et al - Page 6



          Appeal No. 2005-2436                                                        
          Application No. 09/827,686                                                  

          product having a water content preferably in the range of 2-6% by           
          weight.                                                                     
               Regarding the examiner's separate rejections under § 103, we           
          refer to the Examiner's Answer.  We observe that appellants base            
          no argument upon objective evidence of nonobviousness 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   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         BRADLEY R. GARRIS             ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         PETER F. KRATZ                )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     
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