Appeal 2006-2870
Application 10/401,509
clearly not in possession of the claimed invention at the time of filing of the
application. Therefore, we sustain the Examiner’s rejection of independent
claim 29, as well as claims 30-40 dependent thereon, under the first
paragraph of 35 U.S.C. § 112.
CONCLUSION
In summary, we have sustained the Examiner’s 35 U.S.C. § 112, first
paragraph, rejection of all of the claims on appeal. Therefore, the
Examiner’s decision rejecting claims 29-40 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).
AFFIRMED
KIS
BAKER & MCKENZIE, L.L.P.
1114 AVENUE OF THE AMERICAS
NEW YORK, NY 10036
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