Ex Parte Lopez-Berestein et al - Page 8


                 Appeal No. 2006-0762                                                         Page 8                   
                 Application No. 09/982,113                                                                            

                                                   CONCLUSION                                                          
                        Because the examiner has set forth a prima facie case of obviousness for                       
                 all of the appealed claims, the rejection of claims 138 to 141 under 35 U.S.C.                        
                 § 103(a) as being obvious over the combination of Mehta and Ulukaya 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                                                          



                                      Toni R. Scheiner   )                                                             
                                      Administrative Patent Judge )                                                    
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                                      Eric Grimes    )                                                                 
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                 LG/dm                                                                                                 










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