Ex Parte Tullis et al - Page 7


                  Appeal No. 2006-3218                                                                                          
                  Application No. 10/233,845                                                                                    

                  AAPA teaches away from the combination with Yasumasa as discussed earlier in the                              
                  Brief.  Since we did not find that argument persuasive above, we again, do not find it                        
                  persuasive here without further embellishment or identification of limitations in the                         
                  express limitations of the claims.  Therefore, Appellants' argument is not persuasive, and                    
                  we will sustain the rejection of independent claims 16, 21, and 27 over the combination                       
                  of AAPA and Yasumasa.                                                                                         
                                                       CONCLUSION                                                               
                  To summarize, we have sustained the rejections of claims 16-19 and 21-35 under                                
                  35 U.S.C. § 103.                                                                                              
                  No time period for taking any subsequent action in connection with this appeal                                
                  may be extended under 37 CFR § 1.136(a)(1)(iv) (2004).                                                        
                                                           AFFIRMED                                                             




                                         ERROL A. KRASS   )                                                                     
                                         Administrative Patent Judge   )                                                        
                                                                               )                                                
                                                                               )                                                
                                                                               )                                                
                                                                               ) BOARD OF PATENT                                
                                         JOSEPH L. DIXON   )   APPEALS AND                                                      
                                         Administrative Patent Judge   ) INTERFERENCES                                          
                                                                               )                                                
                                                                               )                                                
                                                                               )                                                
                                                                               )                                                
                                         JEAN R. HOMERE   )                                                                     
                                         Administrative Patent Judge   )                                                        




                  JLD/rwk                                                                                                       


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