Appeal 2007-2533
Application 09/972,434
1 CONCLUSIONS OF LAW
2 The Appellants have not sustained their burden of showing that the Examiner
3 erred in rejecting claims 1-3, 6-8, 11-13, and 16-18 under 35 U.S.C. § 102(e) or of
4 claims 4, 5, 9, 10, 14, 15, 19, and 20 under 35 U.S.C. § 103(a) as unpatentable over
5 the prior art.
6 On this record, the Appellant is not entitled to a patent containing claims 1-20.
7
8 DECISION
9 To summarize, our decision is as follows:
10 • The rejection of claims 1-3, 6-8, 11-13, and 16-18 under 35 U.S.C. § 102(e)
11 as anticipated by Frengut is sustained.
12 • The rejection of claims 4, 5, 9, 10, 14, 15, 19, and 20 under 35 U.S.C.
13 § 103(a) as unpatentable over Frengut and Official Notice is sustained.
14 No time period for taking any subsequent action in connection with this appeal
15 may be extended under 37 CFR § 1.136(a)(1)(iv).
16
17 AFFIRMED
18
19
20
15
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Last modified: September 9, 2013