Ex Parte Heckmann et al - Page 9



            Appeal 2007-1464                                                                                 
            Application 10/276,285                                                                           
            microprocessor system as utilized in the specification includes a CPU.  As such,                 
            we sustain the Examiner’s rejection of claims 9-16 as anticipated by Zittlau.                    

                   Rejection of claim 17 as unpatentable over Zittlau and Zydeck                             
                   Appellants argue that claim 17 is allowable for the same reasons as claim 16              
            (Appeal Br. 13).  We were not persuaded by Appellants’ arguments as to the                       
            patentability of claim 16.  As such, we sustain the Examiner’s rejection of claim 17             
            as unpatentable over Zittlau and Zydek for those reasons presented, supra, with                  
            respect to claims 9-16.                                                                          
                                        CONCLUSIONS OF LAW                                                   
                   We conclude that Appellants have not shown that the Examiner erred in                     
            rejecting claims 9-16 under 35 U.S.C. § 102(b) as anticipated by Zittlau, and claim              
            17 under 35 U.S.C. § 103(a) as unpatentable over Zittlau and Zydek.                              

                                                DECISION                                                     
                   The decision of the Examiner to reject claims 9-16 as anticipated by Zittlau              
            and claim 17 as unpatentable over Zittlau and Zydek is sustained.                                
                   No time period for taking any subsequent action in connection with this                   
            appeal may be extended under 37 C.F.R. § 1.136(a).  See 37 C.F.R.                                
            § 1.136(a)(1)(iv) (2006).                                                                        

                                                AFFIRMED                                                     



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