Ex Parte Domingues - Page 15

                Appeal 2006-0891                                                                              
                Application 10/224,886                                                                        


                Claims 27 and 28                                                                              
                      With respect to claim 27, Appellant repeats the argument made in                        
                connection with claim 22.  This argument is not persuasive for the reasons                    
                we presented above.                                                                           
                      We conclude that the Examiner has established a prima facie case of                     
                obviousness with respect to the subject matter of claims 27 and 28 that has                   
                not been sufficiently rebutted by Appellant.                                                  

                                              CONCLUSION                                                      
                      In summary, with respect to claims 1-13, 16-19, and 21-28, we sustain                   
                the rejection made under 35 U.S.C. § 103(a).  We, however, do not sustain                     
                the rejection as applied to claims 14 and 15.  Accordingly, the decision of                   
                the Examiner is affirmed-in-part.                                                             
                      No time period for taking any subsequent action in connection with                      
                this appeal may be extended 37 C.F.R. § 1.136(a)(1)(iv).                                      

                                           AFFIRMED-IN-PART                                                   



                sld                                                                                           


                KAGAN BINDER, PLLC                                                                            
                SUITE 200, MAPLE ISLAND BUILING                                                               
                221 MAIN STREET NORTH                                                                         
                STILLWATER, MN  55082                                                                         

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