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 6Page: Previous 1 2 3 4 5 6
Last modified: September 9, 2013