Appeal 2007-0213
Application 11/060,994
Concerning the § 103 rejection of claims 2-5, Appellant, as noted
above, has not rebutted the Examiner's legal conclusion that "it would have
been obvious to one having ordinary skill in the art at the time applicant's
invention was made to provide Akerson with wood flakes have [sic, having]
an average length of from 1¼ to about 6 inches to about 2-3 inches, an
average thickness of from about 0.015 to about 0.25 inch or 0.015–0.03 inch,
and an average width of less than the average length of no greater than
3 inches, from about 0.25 to about 1 inch in order to facilitate proper
alignment in oriented wood composites (col. 5, lines 59-60) as taught by
Preston" (page 3 of Examiner's rejection of June 6, 2005).
In conclusion, based on the foregoing, the Examiner's decision
rejecting the appealed claims 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)(1)(iv)(2006).
AFFIRMED
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PRICE HENEELD COOPER DEWITT & LITTON, LLP
695 Kenmoor, S.E.
P. O. Box 2567
Grand Rapids, MI 49501
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Last modified: November 3, 2007