Ex Parte Srinivasan et al - Page 21

                Appeal 2007-0512                                                                             
                Application 10/310,744                                                                       
                parte prosecution prior to forwarding the application to the Board with a                    
                suggestion for an interference, would have been proper and correct.                          
                      D. Decision                                                                            
                      Upon consideration of the record and for the reasons given, the                        
                Examiner's rejections are AFFIRMED.                                                          
                      The Examiner rejection of claims 26, 30, and 38–42 as anticipated                      
                under 35 U.S.C. § 102(e) over Hubbard is AFFIRMED.                                           
                      The Examiner's rejection of claims 27, 29, 30, 33, 34, 36, 43, and 44                  
                as lacking an adequate written description under 35 U.S.C. § 112, ¶ 1, 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).                                      
                                                AFFIRMED                                                     


                                                                                                             
                lp                                                                                           
                William J. Davis, Esq..                                                                      
                GAF MATERIALS CORPORATION                                                                    
                Legal Dept. Bldg.10                                                                          
                1361 Alps Road                                                                               
                Wayne NJ 07470                                                                               





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