Ex Parte Shoemaker - Page 11

                Appeal 2006-1679                                                                               
                Application 09/853,568                                                                         
                                               CONCLUSION                                                      
                      The Examiner has established that claim 22 is directed to subject                        
                matter that does not have written description support in Appellant’s                           
                Specification.  The rejection of claims 22-26 under 35 U.S.C. § 112, first                     
                paragraph, is affirmed.                                                                        
                      The Examiner has further established that claims 19-26 are                               
                unpatentable under 35 U.S.C. § 103.                                                            
                                                   ORDER                                                       
                      All rejections on appeal are 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                                                      









                hh                                                                                             



                CONLEY ROSE, P.C.                                                                              
                P.O. BOX 3267                                                                                  
                HOUSTON, TX  77253-3267                                                                        



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