Appeal 2007-3540 Application 09/946,616 1 CONCLUSIONS OF LAW 2 The Appellants have not sustained their burden of showing that the Examiner 3 erred in rejecting claims 1, 11-13, 32, 50-54, and 57 under 35 U.S.C. § 102(e), as 4 anticipated by, or claims 2-10, 14-30, 33-45, 55, 56, and 58-61 under 35 U.S.C. § 5 103(a) as unpatentable over the prior art. 6 On this record, the Appellant is not entitled to a patent containing claims 1-30, 7 32-45, and 50-61. 8 DECISION 9 To summarize, our decision is as follows: 10 • The rejection of claims 1, 11-13, 32, 50-54, and 57 under 35 U.S.C. § 102(e) 11 as anticipated by Bogosian is sustained. 12 • The rejection of claims 2-10, 14-30, 33-45, 55, 56, and 58-61 under 35 13 U.S.C. § 103(a) as unpatentable over Bogosian and Cornelius is sustained. 14 No time period for taking any subsequent action in connection with this appeal 15 may be extended under 37 C.F.R. § 1.136(a)(1)(iv). 16 AFFIRMED 17 18 19 20 21 hh 22 George Likourezos, Esq. 22 261 Washington Avenue 23 24 St. James NY 11780 19Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Last modified: September 9, 2013