Ex Parte Rodriquez et al - Page 10

                Appeal 2006-3362                                                                             
                Application 09/838,365                                                                       
                affirmance of their rejections under the art of record, a rejection for lack of              
                statutory subject matter is not considered at this moment to be necessary.                   
                However, Examiner is advised to keep this consideration in mind if the                       
                prosecution continues.                                                                       



                                                DECISION                                                     
                      The Examiner's rejection of claim 5 is reversed. The rejection of                      
                claims 1 to 4 and 6 to 18 is affirmed.                                                       

















                                                                                                            
                matter. See also "Interim Guidelines for Examination of Patent Applications                  
                for Patent Subject Matter Eligibility," 1300 Off. Gaz. Pat. Office 142, Annex                
                IV(c) (Nov. 22, 2005).                                                                       


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