Ex Parte Acharya et al - Page 10

                Appeal 2007-0757                                                                                
                Application 09/952,249                                                                          
                transformed the image into a binary image and then use the estimate of the                      
                inter-ridge line distance.  As discussed above, the determination is not                        
                specific as to how it is performed.  Therefore, we do not find that the                         
                rejection is in error.  Therefore, Appellants' argument is not persuasive, and                  
                we will sustain the rejection of dependent claim 7 and dependent claim 20                       
                grouped therewith by Appellants.                                                                

                                               CONCLUSION                                                       
                       To summarize, we have sustained the rejection of claims 1-20 under                       
                35 U.S.C. § 103(a).                                                                             
                       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                                                       




                rwk                                                                                             

                BLAKELY SOKOLOFF TAYLOR & ZAFMAN                                                                
                12400 WILSHIRE BOULEVARD                                                                        
                SEVENTH FLOOR                                                                                   
                LOS ANGELES CA 90025-1030                                                                       








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