Ex Parte Dunifon et al - Page 8

                Appeal 2006-2998                                                                                  
                Application 09/956,524                                                                            
                       The 35 U.S.C. § 103 rejection of claims 3 and 9 as being unpatentable                      
                over  Flaugher in view of Pickard is affirmed.                                                    
                       The 35 U.S.C. § 103 rejection of claims 4 and 10 as being                                  
                unpatentable over Flaugher in view of Woodward is affirmed.                                       
                No time period for taking any subsequent action in connection with                                
                this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.                        
                13, 2004).                                                                                        

                                                  AFFIRMED                                                        
















                MARSHALL & MELHORN                                                                                
                FOUR SEAGATE, EIGHT FLOOR                                                                         
                TOLEDO, OH  43604                                                                                 


                BAF/hh                                                                                            

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