Ex Parte Markusch et al - Page 6



          Appeal No. 2006-0631                                                        
          Application No. 10/138,539                                                  

          results, which would serve to rebut the inference of obviousness            
          established by the applied prior art.                                       
               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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