Ex Parte Schroeder et al - Page 11

               Appeal 2006-2400                                                                           
               Application 10/051,814                                                                     

                     applicants concede that if the rejections of the claims of Groups                    
                     II and III can be sustained over the combination of Pregozen                         
                     and Noda et al., there is no point in contesting the rejection of                    
                     claims 31-33.  Brief at 9.                                                           
                     Thus, for the reasons set forth above, we determine that the subject                 
               matter defined by claims 31 through 33 would have been suggested by the                    
               prior art references of record.                                                            
                     Based on the totality of record, including due consideration of the                  
               Appellant’s arguments, we determine that the preponderance of evidence                     
               weighs most heavily in favor of obviousness within the meaning of                          
               35 U.S.C. § 103.  Accordingly, we affirm the Examiner’s decision rejecting                 
               the claims on appeal under 35 U.S.C. § 103.                                                
               V.  CONCLUSION                                                                             
                     The decision of the Examiner is affirmed.                                            
               VI.  TIME PERIOD                                                                           
                     No time period for taking any subsequent action in connection with                   
               this appeal may be extended under 37 CFR §1.136(a).                                        

                                                 AFFIRMED                                                 




               tf                                                                                         
               Patent Group GA030-43                                                                      
               Georgia-Pacific Corporation                                                                
               133 Peachtree Street, N.E.                                                                 
               Atlanta, Ga 30303-1847                                                                     

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