Ex Parte Serafica et al - Page 8

                Appeal 2007-4217                                                                             
                Application 10/345,394                                                                       
                and Hobson do not remedy the deficiencies of Yamanaka (Br. 5-6), the                         
                rejection is affirmed for the reasons as set forth above.  In addition, the                  
                rejection is also affirmed on the basis that as we have already found that                   
                claim 1 is anticipated by Yamanaka, and anticipation is the epitome of                       
                obviousness.  In re McDaniel, 293 F.3d 1379, 1385, 63 USPQ2d 1462, 1466                      
                (Fed. Cir. 2002).                                                                            

                      No time period for taking any subsequent action in connection with                     
                this appeal may be extended under 37 C.F.R. § 1.136(a).                                      
                                                AFFIRMED                                                     










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                STINSON MORRISON HECKLER LLP                                                                 
                ATTN:  PATENT GROUP                                                                          
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