Ex Parte Zimmer et al - Page 8



            Appeal 2007-2064                                                                                  
            Application 10/116,562                                                                            

            E.  CONCLUSION OF LAW                                                                             
                   For the foregoing reasons, Appellants have not shown error in the                          
            Examiner’s reasoning.  Accordingly, the Examiner has supported a legal                            
            determination of obviousness. The secondary considerations Appellants have                        
            raised do not dislodge the Examiner’s determination that the claimed subject                      
            matter is obvious. Accordingly, claims 1 and 3-9 are invalid under §103.                          

                                                DECISION                                                      
                   The Examiner’s rejection of claims 1 and 3-9 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).                                       

                                                AFFIRMED                                                      





            vsh                                                                                               
            FENWICK & WEST LLP                                                                                
            SILICON VALLEY CENTER                                                                             
            801 CALIFORNIA STREET                                                                             
            MOUNTAIN VIEW CA 94041                                                                            





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