Ex Parte Epitaux et al - Page 9

                Appeal 2006-2967                                                                             
                Application 10/832,598                                                                       


                                                DECISION                                                     
                      We reverse the Examiner’s decision to reject claims 1 through 5, 9,                    
                and 18 through 22 under 35 U.S.C. § 102 (e) as being anticipated by                          
                Miracky.  We also reverse the Examiner’s decision to reject claims 6                         
                through 8, 10 and 23 under 35 U.S.C. § 103 (a) as being unpatentable over                    
                Miracky.  We, however, affirm the Examiner’s decision to reject claims 11                    
                through 17, 24 through 26, 28 and 29 under 35 U.S.C. § 103 (a) as being                      
                unpatentable over Miracky.                                                                   
                      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-IN-PART                                                   






                rwk                                                                                          


                SCHWABE, WILLIAMSON & WYATT, P.C.                                                            
                PACWEST CENTER, SUITE 1900                                                                   
                1211 S.W. FIFTH AVE.                                                                         
                PORTLAND OR 97204                                                                            





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