Ex Parte Agostini et al - Page 10

                Appeal 2006-3430                                                                                 
                Application 10/178,439                                                                           
                elements to support the rejections.  Each of the claimed limitations for                         
                claims 3, 4, 8-9, 13-14, 17-20, 23, 25-28, 31, 33-36, and 39 can be read in                      
                the patent to Morales.  All of the remaining non-cancelled claims are                            
                rendered obvious over the prior art of Morales alone, or in view of Kogan.                       

                                          CONCLUSION OF LAW                                                      
                       Based on the findings of facts and analysis above, we conclude that                       
                the Examiner did not err in rejecting claims 3-5, 8-10, and 13-39.  The                          
                rejection of those claims is affirmed.                                                           

                                                  DECISION                                                       
                       The Examiner's rejection of claims 3-5, 8-10, and 13-39 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                                                                                              


                SCHMEISER, OLSEN & WATTS                                                                         
                22 CENTURY HILL DRIVE                                                                            
                SUITE 302                                                                                        
                LATHAM, NY 12110                                                                                 

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