Ex Parte Miller - Page 7


              Appeal 2007-1203                                                                                                
              Application 10/420,140                                                                                          

                      Pursuant to 37 C.F.R. § 41.37(c)(1)(vii)(2004), we have decided the appeal                              
              with respect to claims 2-24 on the basis of the selected claim alone.  Therefore, we                            
              will sustain the Examiner’s rejection of these claims as being anticipated by                                   
              Shinohara for the same reasons discussed supra with respect to representative                                   
              claim 1.                                                                                                        

                                               CONCLUSION OF LAW                                                              
                      On the record before us, we find Appellant has not shown the Examiner                                   
              failed to establish a prima facie case of anticipation for each of claims 1-24.                                 

                                                        DECISION                                                              
                      We affirm the Examiner’s rejection of claims 1-24.                                                      
                      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                                                                                                             

              SCHWEGMAN, LUNDBERG, WOESSNER & KLUTH, P.A.                                                                     
              P. O. BOX 2938                                                                                                  
              MINNEAPOLIS, MN 55402                                                                                           



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