Ex Parte Dimitrova et al - Page 11

               Appeal 2007-0926                                                                             
               Application 09/818,303                                                                       

                                         CONCLUSION OF LAW                                                  
                      Based on the findings of facts and analysis above, we conclude that                   
               Appellants have shown the Examiner erred in rejecting claims 1-2, 4-11,                      
               13-25, 27-29, 31-38, 40-52, and 54-59 under 35 U.S.C. § 102(b).                              
                      We conclude that Appellants have not shown the Examiner erred in                      
               rejecting claims 3, 12, 26, 30, 39, and 53 under 35 U.S.C. § 103(a).                         
                                                DECISION                                                    
                      The rejection of claims 1-2, 4-11, 13-25, 27-29, 31-38, 40-52, and                    
               54-59 under 35 U.S.C. § 102(b) for being anticipated by Reimer is reversed.                  
                      The rejection of claims 3, 12, 30, and 39 under 35 U.S.C. § 103(a) for                
               being obvious over Reimer in view of Wang is affirmed.                                       
                      The rejection of claims 26 and 53 under 35 U.S.C. § 103(a) for being                  
               obvious over Reimer in view of Menard 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-IN-PART                                                  





               rwk                                                                                          


               PHILIPS INTELLECTUAL PROPERTY & STANDARDS                                                    
               P.O. BOX 3001                                                                                
               BRIARCLIFF MANOR NY 10510                                                                    

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