Ex Parte Groten - Page 8



          Appeal No. 2006-1551                                                        
          Application No. 10/015,863                                                  

               Under these circumstances and for the reasons expressed in             
          the answer, it is our ultimate determination that the examiner              
          has established a prima facie case of obviousness which the                 
          appellant has failed to successfully rebut with argument or                 
          evidence of nonobviousness.  See In re Oetiker, 977 F.2d 1443,              
          1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).  We hereby sustain,            
          therefore, the Section 103 rejection of all appealed claims as              
          being unpatentable over Fletcher.                                           
               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).                                                                 
                                      AFFIRMED                                        


          BRADLEY R. GARRIS            )                                              
                    Administrative Patent Judge  )                                    
                                        )                                             
                    )                                                                 
                                                  )   BOARD OF PATENT                 
                    CHARLES F. WARREN            )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   
                                                  )                                   
          CATHERINE TIMM               )                                              
                    Administrative Patent Judge  )                                    

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