Ex Parte Higashi et al - Page 19

                Appeal 2007-1529                                                                              
                Application 10/385,722                                                                        

                rejections of claims 24 and 35 over the combined teachings of EP ‘710, EP                     
                ‘901, Kojima, and Bardi.                                                                      
                      Under the circumstances recounted above, it is our determination that                   
                the evidence of record for and against a conclusion of obviousness,                           
                reconsidered in light of the respective arguments and evidence advanced by                    
                Appellants and the Examiner, on balance, weighs most heavily in favor of an                   
                obviousness conclusion with respect to the rejections under consideration.                    

                                              CONCLUSION                                                      
                      The decision of the Examiner to reject claims 1-14, 23, 25-34, and 36                   
                under 35 U.S.C. § 103(a) as being unpatentable over EP ‘710 in view of                        
                EP ‘901 and Kojima and to reject claims 24 and 35 under 35 U.S.C.                             
                § 103(a) as being unpatentable over EP ‘710 in view of EP ‘901, Kojima,                       
                and Bardi 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)(1)(iv) (2006).                         

                                                AFFIRMED                                                      


                clj                                                                                           
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