Ex Parte Carrabis - Page 7

                  Appeal 2007-1598                                                                                         
                  Application 10/071,731                                                                                   

                  combination and order of modalities.  We agree.  Thus, for this reason and                               
                  since claim 9 depends from claim 6, we will reverse the obviousness                                      
                  rejection of claim 9.                                                                                    

                                                        ORDER                                                              
                         The decision of the Examiner rejecting claims 1 through 18 under                                  
                  35 U.S.C. § 103 is reversed as to claims 5 and 7 through 9 and affirmed as to                            
                  claims 1 through 4, 6, and 10 through 18.                                                                
                         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).                                                                                       
                                                AFFIRMED-IN-PART                                                           










                  tdl/gw                                                                                                   


                  HAYES, SOLOWAY P.C.                                                                                      
                  175 CANAL STREET                                                                                         
                  MANCHESTER, NH 03101                                                                                     


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