Appeal No. 2006-1158 Application No. 10/052,733 Based on the above-listed body of decisional precedent, we determine that the examiner has established a prima facie case of obviousness which the appellants have failed to successfully rebut with argument or evidence of nonobviousness. See In re Oetiker, 977 F.2d 1443, 1444-45, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). We hereby sustain, therefore, the examiner’s § 103 rejection of claim 1 as being unpatentable over Vayssie. The decision of the examiner 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 ) ) ) ) BRADLEY R. GARRIS ) BOARD OF PATENT Administrative Patent Judge ) APPEALS AND ) INTERFERENCES ) ) CHUNG K. PAK ) Administrative Patent Judge ) ECK:clm -4-Page: Previous 1 2 3 4 5 NextLast modified: November 3, 2007