Ex Parte Fukumoto - Page 17



           Appeal No. 2006-2936                                                                      
           Application No. 10/013,714                                                                
           consideration of the record before us, that the evidence relied                           
           upon and the level of skill in the particular art would have                              
           suggested to the ordinarily skilled artisan the invention as set                          
           forth in claims 5, 11, 12, 17, 22, 23, 31, 36 through 39, 41                              
           through 43, 49, 54 through 57, and 59 through 61.  Accordingly,                           
           we will sustain the Examiner’s rejection of claims 5, 11, 12, 17,                         
           22, 23, 31, 36 through 39, 41 through 43, 49, 54 through 57, and                          
           59 through 61.                                                                            
                                               CONCLUSION                                            
                 In view of the foregoing discussion, we have sustained the                          
           Examiner’s decision rejecting claims 1 through 4, 6 through 10,                           
           13 through 16, 18 through 21, 24 through 30, 32 through 35, 40,                           
           44 through 48, 50 through 53, 58, 62 and 63  under 35 U.S.C.                              
           § 102. We have also  sustained the Examiner’s decision rejecting                          
           claims 5, 11, 12, 17, 22, 23, 31, 36 through 39, 41 through 43,                           
           49, 54 through 57, and 59 through 61 under 35 U.S.C. § 103.                               
           Therefore, we affirm.                                                                     
                 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).                                                              



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