Ex Parte Dernovsek et al - Page 11

                Appeal 2007-1940                                                                               
                Application 10/362,942                                                                         
                claimed invention encompassed by appealed claims 21 through 36 and 38                          
                through 40 would have been anticipated as a matter of fact under 35 U.S.C.                     
                § 102(b), and that the claimed invention encompassed by these appealed                         
                claims would have been obvious as a matter of law under 35 U.S.C.                              
                § 103(a).                                                                                      
                      The Primary Examiner’s decision 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)(1)(iv) (2007).                          
                                                 AFFIRMED                                                      



                clj                                                                                            
                YOUNG & THOMPSON                                                                               
                745 SOUTH 23RD STREET                                                                          
                2ND FLOOR                                                                                      
                ARLINGTON, VA  22202                                                                           















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