Ex Parte Callahan et al - Page 9




             Appeal No. 2005-2632                                                                      9                                      
             Application No. 09/768,736                                                                                                       


             these claims, we agree with the examiner (answer, page 7) that they should be                                                    
             considered to fall with independent claims 1 and 14. Therefore, the examiner’s rejection                                         
             of claims 4 through 6, 8 and 16 under 35 U.S.C. § 103(a) is sustained.                                                           


             In light of the foregoing, the decision of the examiner rejecting claims 1 through 6, 8,                                         
             14 and 16 through 20 of the 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)(1)(iv).                                                                                                               
                                                AFFIRMED                                                                                      





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

















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