Ex Parte Nesbitt - Page 9




            Appeal No. 2005-2433                                                                                                         
            Application No. 10/259,789                                                                                                   


            In summary, we have sustained the examiner’s rejection of claims 1 through 9, 11, 13                                         
            through 21, 23, 25 through 33, 35 and 37 through 39 under 35 U.S.C. § 102(b) based on                                        
            Fujita and that of claims 10, 12, 22, 24, 34 and 36 under 35 U.S.C. § 103(a) based on                                        
            Fujita and Ohmura.  Thus, the decision of the examiner                                                                       
            to reject claims 1 through 39 of the present application 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                                                                             





                                 BRADLEY R. GARRIS )                                                                                     
                                 Administrative Patent Judge )                                                                           
                                                                          )                                                              
                                                                          )                                                              
                                                                          )                                                              
                                                                          ) BOARD OF PATENT                                              
                                 CHARLES E. FRANKFORT )    APPEALS                                                                       
                                 Administrative Patent Judge )       AND                                                                 
                                                                          )   INTERFERENCES                                              
                                                                          )                                                              
                                                                          )                                                              
                                                                          )                                                              
                                 JEFFREY V. NASE )                                                                                       
                                 Administrative Patent Judge )                                                                           




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