Ex Parte Syverson et al - Page 11

               Appeal 2007-3216                                                                            
               Application 10/271,433                                                                      
               commensurate with the level of skill in the art.  Accordingly, we affirm the                
               rejection of claim 41.  Separate reasons for the patentability of claims 42 and             
               43 were not provided; consequently, claim 42 and 43 fall with claim 41.                     

                                             CONCLUSION                                                    
                      Based on the totality of the evidence before us, we conclude that the                
               Examiner did not err in determining that claims 1, 4, 5, and 41-43 are                      
               obvious over Brown-Skrobot in view of Mitra.                                                

                                             TIME PERIOD                                                   
                      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) (2006).                       

                                               AFFIRMED                                                    





               lbg                                                                                         


               SENNIGER POWERS                                                                             
               ONE METROPOLITAN SQUARE                                                                     
               16TH FLOOR                                                                                  
               ST LOUIS MO 63102                                                                           





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