Appeal No. 2006-3372
Application No. 10/454,521
SUMMARY
Because the Examiner has set forth a prima facie case of
unpatentability as to claims 1-9 and 11, which has not been adequately
rebutted by appellants, the rejections on appeal as to those claims are
affirmed. Because the Examiner has failed to set forth a prima facie case of
unpatentability as to claim 10, the rejection of that claim is reversed. We do,
however, raise a new ground of rejection as to claim 10.
AFFIRMED-IN-PART; 37 CFR § 41.50(b)
Donald E. Adams )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Lora M. Green )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Nancy J. Linck )
Administrative Patent Judge )
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