Ex Parte May - Page 11

               Appeal 2006-1776                                                                                                         
               Application 10/075,976                                                                                                   

                                                            DECISION                                                                    
                       Appellant's request is granted to the extent that the decision has been                                          
               reconsidered.  The request is denied with respect to reversing the decision as to the                                    
               new rejection based on the second Lively application in view of Acker.  Our new                                          
               rejection of the subject matter of independent claims 1 and 8 under 35 U.S.C. §                                          
               103 as obvious over the second Lively application in view of Acker is maintained.                                        
                       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).                                                         

                                                              DENIED                                                                    











               hh                                                                                                                       


               Thomas H. Close                                                                                                          
               Patent Legal Staff                                                                                                       
               Eastman Kodak Company                                                                                                    
               343 State Street                                                                                                         
               Rochester, NY  14650-2201                                                                                                


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