Ex Parte Barrett Jr - Page 7

                 Appeal 2007-2203                                                                                        
                 Application 10/311,659                                                                                  
                        Accordingly, we affirm the rejection of claims 28 and 31-34 under                                
                 35 U.S.C. § 102(b) as anticipated by Krabatsch.  Because Appellant has not                              
                 presented any additional substantive arguments with respect to claims 35                                
                 and 36 (Br. 12), we also affirm the rejection of claims 35 and 36 under                                 
                 35 U.S.C. § 103 as unpatentable over Francisco in view of Shestok for the                               
                 reasons stated in the Examiner’s Answer.                                                                

                                                       ORDER                                                             
                        The rejection of claim 28 under 35 U.S.C. § 102(b) as anticipated by                             
                 Francisco is affirmed.                                                                                  
                        The rejection of claims 29 and 30 under 35 U.S.C. § 103 as                                       
                 unpatentable over Francisco is affirmed.                                                                
                        The rejection of claims 28 and 31-34 under 35 U.S.C. § 102(b) as                                 
                 anticipated by Krabatsch is affirmed.                                                                   
                        The rejection of claims 35 and 36 under 35 U.S.C. § 103 as                                       
                 unpatentable over Krabatsch in view of Shestok 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)(i)(iv).                                          
                                                     AFFIRMED                                                            






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