Ex Parte Grassian et al - Page 12

                Appeal 2007-0833                                                                               
                Application 10/280,254                                                                         
                                          CONCLUSION OF LAW                                                    
                On the record before us, Appellants have not shown that the Examiner                           
                has failed to establish that Kikinis anticipates claims 20, 21, 23, 25, 26 and                 
                28 under 35 U.S.C. § 102(b).  Additionally, Appellants have not shown that                     
                the Examiner has failed to establish that the combination of Kikinis with Ha                   
                or Aguilar renders 1 through 4, 6 through 13, 15 through 19, 22, 24, 27 and                    
                29 unpatentable under 35 U.S.C. § 103(a).                                                      

                                                    DECISION                                                   

                We have affirmed the Examiner’s decision rejecting claims 1 through                            
                4, 6 through 13 and 15 through 29.                                                             
                      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).                                 

                                                 AFFIRMED                                                      






                KIS                                                                                            

                TIMOTHY W. MARKISON                                                                            
                P.O. BOX 160727                                                                                
                AUSTIN, TX 78716-0727                                                                          


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