Ex Parte Adoline et al - Page 14



           Appeal 2007-1793                                                                        
           Application 10/911,196                                                                  
                                    CONCLUSIONS OF LAW                                             
                 We conclude that the Appellants have shown that the Examiner erred in             
           rejecting claims 27, 37, 39, and 41 as anticipated by Hubweber and claims 27, 37,       
           39, 41, 43, 53, 55, and 57 as anticipated by Gottling.  We further conclude that the    
           Appellants have failed to show that the Examiner erred in rejecting claims 43, 53,      
           55, and 57 as anticipated by Hubweber.                                                  

                                            DECISION                                               
                 The decision of the Examiner to reject claims 27, 37, 39, and 41 as               
           anticipated by Hubweber and claims 27, 37, 39, 41, 43, 53, 55, and 57 as                
           anticipated by Gottling is reversed.  The decision of the Examiner to reject claims     
           43, 53, 55, and 57 as anticipated by Hubweber 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).  See 37 C.F.R.                       
           § 1.136(a)(1)(iv) (2006).                                                               
                                      AFFIRMED-IN-PART                                             


           jlb                                                                                     
           FAY SHARPE LLP                                                                          
           1100 SUPERIOR AVENUE, SEVENTH FLOOR                                                     
           CLEVELAND OH 44114                                                                      




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