Ex Parte Hirayama et al - Page 5

               Appeal No. 2006-1420                                                                                        
               Application No. 09/933,000                                                            Page 5                
                       Based on our consideration of the totality of the record before us, having                          
               evaluated the prima facie case of obviousness in view of Appellants’ arguments,                             
               we determine that the Examiner has established a prima facie case of                                        
               obviousness that has not been adequately rebutted by Appellants.  Accordingly,                              
               the Examiner's rejection under 35 U.S.C. § 103 is affirmed.                                                 
               TIME FOR TAKING ACTION                                                                                      
                       No time period for taking any subsequent action in connection with this                             
               appeal may be extended under 37 CFR ' 1.136(a)(iv) (2004).                                                  

                                                     Affirmed                                                              


                              EDWARD C. KIMLIN                          )                                                  
                              Administrative Patent Judge           )                                                      
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               ) BOARD OF PATENT                                                                                           
               JEFFREY T. SMITH                          )         APPEALS                                                 
               Administrative Patent Judge          )              AND                                                     
               )   INTERFERENCES                                                                                           
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               )                                                                                                           
               )                                                                                                           
                              BEVERLY A. FRANKLIN                  )                                                       
               Administrative Patent Judge          )                                                                      
              JTS/sld                                                                                                      




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