Ex Parte Schwab et al - Page 5

                 Appeal 2007-0982                                                                                         
                 Application 09/886,685                                                                                   
                 in claims 6, 11, 16, and 20 of the patent.  Therefore, we cannot agree with                              
                 Appellants that Hung merely suggests 24 fps as a minimum, but rather Hung                                
                 suggests the use of 24 fps and discusses 30 fps in the specific example.                                 
                 Therefore, finding no persuasive argument showing error in the Examiner’s                                
                 initial showing, we will sustain the rejection of independent claim 1 and                                
                 independent claims 15, 16, and 18 which Appellants have grouped                                          
                 therewith.  Similarly, finding no separate arguments for patentability, we                               
                 sustain the rejection of dependent claims 2-13 and 17 with their respective                              
                 independent claims.                                                                                      
                                                    CONCLUSION                                                            
                         To summarize, we have sustained the rejection of claims 1-13 and 15-                             
                 18 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                                                             
                 tdl/ce                                                                                                   
                 GIFFORD, KRASS, SPRINKLE, ANDERSON & CITKOWSKI, P.C.                                                     
                 PO BOX 7021                                                                                              
                 TROY,  MI 48007-7021                                                                                     








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