Ex Parte Kobayashi et al - Page 5



         Appeal No. 2006-0364                                                      
         Application No. 10/068,400                                                

         (Page 5 of Answer, penultimate sentence).  Again, appellants have         
         not argued, let alone factually demonstrated, that maintaining            
         pressure until room temperature is reached produces an unexpected         
         result.                                                                   
              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  )                             
                                                     )                             
                                                     )                             
                                                     )                             
                                                     )                             
                        CHARLES F. WARREN            ) BOARD OF PATENT             
                        Administrative Patent Judge  )   APPEALS AND               
                                                     )  INTERFERENCES              
                                                     )                             
                                                     )                             
                                                     )                             
                        PETER F. KRATZ               )                             
                        Administrative Patent Judge  )                             
         ECK:clm                                                                   

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