Ex Parte Kinard et al - Page 6

                Appeal  2007-1798                                                                            
                Application 10/347,666                                                                       
                not persuaded by Appellants’ arguments which are based on the Chen                           
                Declaration.                                                                                 
                      On reflection, we find that the Examiner has met his burden of                         
                presenting a prima facie case of obviousness which Appellants have not                       
                rebutted.  Accordingly, we affirm the rejection of claim 1 under 35 U.S.C                    
                § 103(a) as unpatentable over Wehrmann.  Claim 2-13 and 63 fall together                     
                with claim 1.                                                                                
                                                                                                            
                                              CONCLUSION                                                     
                      In summary, we affirm the rejection of record.                                         
                      No time period for taking any subsequent action in connection with                     
                this appeal may be extended under 37 CFR § 1.136(a).                                         

                                                AFFIRMED                                                     








                Ssc                                                                                          


                JOHN B. HARDAWAY, III                                                                        
                NEXSEN PRUET JACOBS & POLLARD, LLC                                                           
                P.O. BOX 10107, FED. STA.                                                                    
                GREENVILLE, SC 29603-0107                                                                    


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