Ex Parte Navarrete - Page 5

                 Appeal 2006-2524                                                                                      
                 Application 10/664,147                                                                                
                 17, 197 USPQ 5, 9 (C.C.P.A. 1978); and In re Sivaramakrishnan, 673 F.2d                               
                 1383, 1384, 213 USPQ 441, 442 (C.C.P.A. 1982).  Accordingly, we                                       
                 AFFIRM the Examiner’s rejection of claims 1-7 and 9 under 35 U.S.C.                                   
                 § 102(b) as anticipated by Navarrete.  We additionally note that the evidence                         
                 submitted by Appellant with the Brief allegedly shows that lignins from a                             
                 grass source are structurally different from lignins derived from a wood                              
                 source (Br. 13).  This issue is not relevant to our decision as discussed                             
                 above.                                                                                                
                        No time period for taking any subsequent action in connection with                             
                 this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).                                        
                                                    AFFIRMED                                                           










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                 HAMMER & HANF, P.C.                                                                                   
                 3125 Springbank Lane, Suite G                                                                         
                 Charlotte, NC  28226                                                                                  






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