Ex Parte Jonsson - Page 5



          Appeal No. 2006-0937                                                        
          Application No. 10/367,289                                                  

          with argument or evidence in opposition thereto.  See In re                 
          Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.               
          1992).  We hereby sustain, therefore, the examiner’s § 102                  
          rejection of argued claim 1 as well as non-argued claims 2-4 and            
          7 as being anticipated by Odan.                                             
               The decision of the examiner is affirmed.                              
               No time period for taking any subsequent action in                     
          connection with appeal may be extended under 37 CFR                         
          § 1.136(a)(I)(iv)(2005).                                                    

                                      AFFIRMED                                        


          BRADLEY R. GARRIS            )                                              
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    TERRY J. OWENS               )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    PETER F. KRATZ           )                                        
                    Administrative Patent Judge  )                                    
          CKP/sld                                                                     



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