Ex Parte Henneken et al - Page 9



          Appeal No. 2006-0264                                                            
          Application No. 10/217,064                                                      

          results, which would serve to rebut the inference of obviousness                
          established by the applied prior art.                                           
               In conclusion, the examiner's § 112, second paragraph                      
          rejection is reversed.  Based on the foregoing and the reasons                  
          well-stated by the examiner, the examiner's § 103 rejections are                
          sustained.  Consequently, 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     )                               
                                                          )                               
                                                          )                               
                                                          )                               
                                                          )                               
                          CHUNG K. PAK                    ) BOARD OF PATENT               
                          Administrative Patent Judge     )   APPEALS AND                 
                                                          )  INTERFERENCES                
                                                          )                               
                                                          )                               
                                                          )                               
                          THOMAS A. WALTZ                 )                               
                          Administrative Patent Judge     )                               
          ECK:clm                                                                         

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