Ex Parte Handgen et al - Page 10

              Appeal 2007-0439                                                                       
              Application 10/630260                                                                  
                                      CONCLUSION OF LAW                                              
                    Based on the findings of facts and analysis above, we conclude that              
              the Examiner erred in rejecting claim 11 under 35 U.S.C. § 112, 2nd                    
              paragraph.                                                                             
                    Based on the findings of facts and analysis above, we further conclude           
              that the examiner did not err in rejecting claims 1 to 5 and 9 to 12  under 35         
              U.S.C. § 102 (b).  The Examiner did err in rejecting claims 6 and 8 under 35           
              U.S.C. § 102 (b).  Claim 7 does not stand rejected under 35 U.S.C. § 102(b).           


                                             DECISION                                                
                    The Examiner’s rejection under 35 U.S.C. § 112, 2nd paragraph of                 
              claim 11 is reversed.                                                                  
                    The Examiner's rejection under 35 U.S.C. § 102(b) of claims 1 to 5               
              and 9 to 12 is affirmed.  The rejection of claims 6 and 8 is reversed.                 

                    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).                         













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