Ex Parte Eschbach - Page 8




               Appeal No. 2006-0775                                                                                                  
               Application No. 09/356,940                                                                                            

                                                            DECISION                                                                 
                       The decision of the examiner rejecting claims 33 through 52 under the first paragraph of                      
               35 U.S.C. § 112 is affirmed, and the decision of the examiner rejecting claims 33 through 54                          
               under 35 U.S.C. § 103(a) is affirmed as to claims 33 through 44, 49 through 52 and 54, and is                         
               reversed as to claims 45 through 48 and 53.                                                                           
                       No time period for taking any subsequent action in connection with this appeal may be                         
               extended under 37 CFR § 1.136(a)(1)(iv).                                                                              
                                                      AFFIRMED-IN-PART                                                               





                               KENNETH W. HAIRSTON    )                                                                              
                               Administrative Patent Judge    )                                                                      
                                                                                      )                                              
                                                                                      )                                              
                                                                                      )                                              
                                                                                      )   BOARD OF PATENT                            
                               JERRY SMITH     )             APPEALS                                                                 
                               Administrative Patent Judge    )                 AND                                                  
                                                                                      )     INTERFERENCES                            
                                                                                      )                                              
                                                                                      )                                              
                                                                                      )                                              
                               HOWARD B. BLANKENSHIP   )                                                                             
                               Administrative Patent Judge    )                                                                      


               KWH:psb                                                                                                               


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