Ex Parte Messina et al - Page 7



         Appeal No. 2006-1098                                                       
         Application No. 09/990,115                                                 

         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 )                               
                                                      )                             
                                                      )                             
                                                      )                             
                                                      )                             
                        CHUNG K. PAK ) BOARD OF PATENT                              
                        Administrative Patent Judge )   APPEALS AND                 
                                                      )  INTERFERENCES              
                                                      )                             
                                                      )                             
                                                      )                             
                        CATHERINE TIMM )                                            
                        Administrative Patent Judge )                               
                                                                                   
         ECK:clm                                                                    



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