Ex Parte Simpson - Page 8

                  Appeal 2007-1602                                                                                         
                  Application 09/940,596                                                                                   
                                              CONCLUSION OF LAW                                                            
                         On the record before us, Appellant has not shown that the Examiner                                
                  has failed to establish that Tuchitoi anticipates claims 1 through 14 under 35                           
                  U.S.C. § 102(e).                                                                                         
                                                          DECISION                                                         
                         We have affirmed the Examiner’s decision rejecting claims 1 through                               
                  14.                                                                                                      
                         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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