Ex Parte Flatness et al - Page 10

               Appeal 2007-0616                                                                           
               Application 10/733,689                                                                     

               VII.  CONCLUSION                                                                           
                     In summary:                                                                          
               1)  The § 102 rejection of claims 13 through 15, 17, and 18 as anticipated by              
               Ruegg is affirmed;                                                                         
               2)  The § 102 rejection of claim 16 as anticipated by Ruegg is reversed;                   
               3)  The § 103 rejection of claim 19 as unpatentable over Ruegg is reversed;                
               4)  The § 103 rejection of claims 20 through 23 as unpatentable over Ruegg                 
               is affirmed;                                                                               
               5)  The § 103 rejection of claims 13 through 15, 17, 18, and 20 through 23 as              
               unpatentable over Pravnik and Ruegg is affirmed;                                           
               6)  The § 103 rejection of claims 16 and 19 as unpatentable over Pravnik and               
               Ruegg is reversed; and                                                                     
               7) The provisional obviousness-type double patenting rejection of claims 13                
               through 16 based on claims 5 through 9 of Application 10/718,855 is                        
               affirmed.                                                                                  
                     Accordingly, the decision of the Examiner is affirmed-in-part.                       

               VIII.  TIME PERIOD                                                                         
                     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-IN-PART                                                 







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