Ex Parte Rechelbacher - Page 10

                Appeal 2007-0122                                                                                 
                Application 10/358,626                                                                           
                with the deformable grip as claimed and Appellant has not sufficiently                           
                shown a long-felt need in the art to support a conclusion of non-obviousness.                    
                                                                                                                
                                                   IV.  DECISION                                                 
                       Because a totality of the evidence supports a conclusion of                               
                obviousness under 35 U.S.C. § 103(a), we AFFIRM the decision of the                              
                Examiner.                                                                                        

                                    V.  TIME PERIOD FOR RESPONSE                                                 
                       No time period for taking any subsequent action in connection with                        
                this appeal maybe extended under 37 C.F.R. § 1.136(a)(1)(iv).                                    

                                                 AFFIRMED                                                        


                sld/ls                                                                                           
                THE ESTEE LAUDER COS, INC.                                                                       
                155 PINELAWN ROAD                                                                                
                STE 3455                                                                                         
                MELVILLE, NY  11747                                                                              










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