Ex Parte Rode - Page 7



            Appeal No. 2006-0822                                                                      
            Application No. 10/054,253                                                                


            obviousness.”  Jones v. Hardy, 727 F.2d 1524, 1529, 220 USPQ 1021, 1025 (Fed.             
            Cir. 1984).  See also In re Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571              
            (CCPA 1982); In re Pearson, 494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA                  
            1974).                                                                                    

                                           CONCLUSION                                                 
                  To summarize, the decision of the examiner to reject claims 1-6, 8, 9, 13, 14,      
            16, 24, 25 and 28-32 is affirmed as to claims 1-6, 8, 9, 13, 14, 16, 24, 25 and 28        
            and reversed as to claims 29-32.  The rejection of claim 7 set forth in the final         
            rejection is assumed to have been withdrawn and has not been reviewed as part of          
            this appeal.                                                                              















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