Ex Parte Shteyn - Page 10

                  Appeal 2007-1568                                                                                         
                  Application 09/900,375                                                                                   
                  fails to render the cited claims unpatentable.  In our view, such allegations                            
                  do not rebut the Examiner’s prima facie case of obviousness against the                                  
                  cited claims.  We therefore affirm this rejection.                                                       

                                              CONCLUSION OF LAW                                                            
                         On the record before us, Appellant has not shown that the Examiner                                
                  failed to establish that Hepp renders claims 1, 5, and 8 unpatentable over                               
                  Hepp.  Similarly, Appellant has not shown that the Examiner failed to                                    
                  establish that claims 2 through 4, 6, 7, 12, and 13 are unpatentable over the                            
                  combination of Hepp and Nixon under 35 U.S.C. § 103(a).  Additionally,                                   
                  Appellant has not shown that the Examiner failed to establish that claims 9                              
                  through 11are unpatentable over the combination of Hepp and                                              
                  Narayanaswami under 35 U.S.C. § 103(a).                                                                  

                                                      DECISION                                                             
                         We have affirmed the Examiner’s decision rejecting claims 1                                       
                  through 13.                                                                                              
                         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).                                           











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