Ex Parte Ten Kate et alDownload PDFPatent Trial and Appeal BoardMar 28, 201813046283 (P.T.A.B. Mar. 28, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/046,283 03/11/2011 909 7590 03/30/2018 Pillsbury Winthrop Shaw Pittman, LLP PO Box 10500 McLean, VA 22102 FIRST NAMED INVENTOR Nicolaas Ten Kate UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 081468-0392580 4547 EXAMINER PERSAUD, DEORAM ART UNIT PAPER NUMBER 2882 NOTIFICATION DATE DELIVERY MODE 03/30/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): docket_ip@pillsburylaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte NICOLAAS TEN KATE, JOHANNES HENRICUS WILHELMUS JACOBS, JOOST JEROEN OTTENS, BASTIAAN ANDREAS WILHELMUS HUBERTUS KNARREN, THIBAULT SIMON MATHIEU LAURENT, ROBBERT JAN VOOGD, GIOVANNI FRANCISCO NINO, JOHAN GERTRUDIS CORNELIUS KUNNEN, and MARINUS JAN REMIE Appeal2017-006999 Application 13/046,283 Technology Center 2800 Before ROMULO H. DELMENDO, JEFFREY R. SNAY, and JENNIFER R. GUPTA, Administrative Patent Judges. DELMENDO, Administrative Patent Judge. DECISION ON APPEAL The Applicants (hereinafter "Appellants") 1 appeal under 35 U.S.C. § 134(a) from the Primary Examiner's final decision to reject claims 1, 2, 5- 15, and 17-36.2 We have jurisdiction under 35 U.S.C. § 6(b). 1 The Appellants identify the real party in interest as "ASML Netherlands B.V." (Appeal Brief filed March 29, 2016, hereinafter "Appeal Br.," 2). 2 Appeal Br. 4--25; Reply Brief filed March 24, 2017, hereinafter "Reply Br.," 2-26; Final Office Action entered July 30, 2015, hereinafter "Final Act.," 3-29; Examiner's Answer entered January 25, 2017, hereinafter "Ans.," 2-20. Appeal2017-006999 Application 13/046,283 We affirm-in-part. I. BACKGROUND The subject matter on appeal relates to a lithographic apparatus and to a method of compensating for a local heat load in such an apparatus (Specification filed March 11, 2011, hereinafter "Spec.," i-f 2). Representative claim 24 is reproduced from the Claims Appendix to the Appeal Brief (Appeal Br. 30), with key limitations emphasized, as follows: 24. A lithographic apparatus comprising: an electrically conductive coating on a surface; and a heater and/or temperature sensor attached on top of a surface of the coating or embedded within the coating, wherein the heater and/or temperature sensor is electrically connected to the coating at the location of attachment or embedding. II. REJECTIONS ON APPEAL On appeal, the Examiner maintains four provisional rejections, which we label as Rejections A through D, under the judicially-created doctrine of obviousness-type double patenting of claims 1, 2, 5-15, and 17-23 as unpatentable over certain claims in Application 13/046,211 (filed March 11, 2011), 3 either alone or in view of one of three prior art references (Ans. 2; Final Act. 3-10). As the Examiner notes (Ans. 19), the Appellants do not provide any arguments against these rejections (Appeal Br. 4--25). Therefore, we summarily affirm these double patenting rejections. Cf Hyatt v. Dudas, 551F.3d1307, 1314 (Fed. Cir. 2008). 3 Application 13/046,211 issued as United States Patent 9,632,435 B2 on April 25, 2017. 2 Appeal2017-006999 Application 13/046,283 The Examiner also maintains several additional rejections under pre- AIA 35 U.S.C. §§ 102(b) and 103(a) (Ans. 2-19; Final Act. 11-29), which the Appellants contest (Appeal Br. 4--25), as follows: E. Claims 24--32 under 35 U.S.C. § 102(b) as anticipated by Cadee et al. 4 (hereinafter "Cadee"); F. Claim 33 under 35 U.S.C. § 103(a) as unpatentable over Cadee and Fukuoka et al. 5 (hereinafter "Fukuoka"); G. Claims 1, 2, 6-13, 15, and 17-23 under 35 U.S.C. § 103(a) as unpatentable over Cadee, Vellore et al. 6 (hereinafter "Vellore"), and Maria Zaal et al. 7 (hereinafter "Maria Zaal"); H. Claim 5 under 35 U.S.C. § 103(a) as unpatentable over Cadee, Vellore, Maria Zaal, and Janssen et al. 8 (hereinafter "Janssen"); I. Claims 14 and 36 under 35 U.S.C. § 103(a) as unpatentable over Cadee, Vellore, Maria Zaal, and Van Der Feltz et al. 9 (hereinafter "Van Der Feltz"); and J. Claims 34 and 35 under 35 U.S.C. § 103(a) as unpatentable over Cadee, Fukuoka, Vellore, and Maria Zaal. III. DISCUSSION Rejections A-D. As stated above, Rejections A through Dare summarily affirmed because the Appellants do not contest these rejections with any argument. 4 US 2006/0033898 Al, published February 16, 2006. 5 US 2008/0011737 Al, published January 17, 2008. 6 US 2008/0224817 Al, published September 18, 2008. 7 US 2007/0153244 Al, published July 5, 2007. 8 US 2009/0316121 A 1, published December 24, 2009. 9 US 2005/0213067 Al, published September 29, 2005. 3 Appeal2017-006999 Application 13/046,283 Rejection E (Claims 24--32). Unless a claim is argued separately pursuant to the requirements set forth in 3 7 C.F .R. § 41.3 7 ( c )( 1 )(iv), it stands or falls with claim 24, which we select as representative. 1. Claims 24 and 28-31 The Appellants argue claims 24 and 28-31 together, so we focus only on representative claim 24. Claims 28-31 stand or fall with claim 24. The Examiner finds that Cadee describes every limitation recited in claim 24 (Final Act. 11) (relying on, e.g., Cadee Figs. 23-24 and i-fi-f 117- 120). Regarding the disputed limitations highlighted above in reproduced claim 24, the Examiner finds that some of the heaters 930 depicted in Figure 24 are not connected to power supply/amplifier 950, and, therefore, these heaters must necessarily be connected electrically to the surface of the electrically conductive strip 900, which corresponds to the "electrically conductive coating" recited in claim 24 (Ans. 3-5; Final Act. 11). The Appellants contend that "the cited portions of Cadee fail to disclose heater 930 of Cadee as being attached on top of a surface of strip 900 or embedded within strip 900, let alone the heater 930 of Cadee as being electrically connected to the strip 900 at the location of attachment or embedding" (Appeal Br. 6; bolding added). According to the Appellants, "heater 930 appears only to be electrically connected to power supply/amplifier 950" (id. at 7; bolding added). We discern no reversible error in the Examiner's factual finding that Cadee describes the disputed claim limitations. In re Jung, 637 F.3d 1356, 1365 (Fed. Cir. 2011). Cadee describes a lithographic apparatus in which electrically conductive strips are used as one or more temperature sensors or heating 4 Appeal2017-006999 Application 13/046,283 elements on a substrate table (Cadee i-fi-f 117-118). Such an embodiment is illustrated in Figure 24, which is reproduced as follows: Catlee's Figure 24 above depicts an electrically conductive strip 900, which is provided with local substrate heaters 930 and through which current 910 flows, such that the strip 900 is arranged to have a temperature-dependent resistivity (id. i-f 118). Although Cadee teaches that the local substrate heaters 930 are powered by localized power supplies/amplifiers 950 (id.), Figure 24 discloses that not all heaters 930 are connected directly to power supplies/amplifiers 950---i.e., three of the five heaters 930 are not connected directly to any power supply/amplifier 950. In re Mraz, 455 F.2d 1069, 1072 (CCP A 1972) (description for purposes of anticipation can be found in drawings alone as well as in words). Because Cadee teaches that heating depends on temperature- dependent resistivity and "[t]he power supplied to each substrate heater 930 5 Appeal2017-006999 Application 13/046,283 is controlled by reference to a measurement of the local resistivity in a segment of an electrically conductive strip 900 that is closest to the substrate heater 930 in question" (id.; bolding added), a person having ordinary skill in the art would have drawn a reasonable inference that heaters 930 that are not directly connected to any power supply/amplifier 950 must necessarily be connected electrically to the electrically conductive strip 900' s surface on which the heaters 930 are attached. In re Preda, 401F.2d825, 826 (CCPA 1968) ("[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom."). The Appellants argue that "Figure 24 of Cadee is a top view and so Figure 24 can't identify that heater 930 is attached on top of a surface of the strip 900 or embedded within strip 900" (Appeal Br. 6; bolding added). That argument fails because Cadee does not describe, either explicitly or inherently, that any unidentified intervening element exists between heater 930 and strip 900. For these reasons, and those given by the Examiner, we uphold the Examiner's rejection as to claim 24. 2. Claim 25 Claim 25, which depends from claim 24, recites that "an electrical assembly is electrically connected to the heater and/or temperature sensor via the coating" (Appeal Br. 30). The Appellants argue that "the Examiner does not identify what is the recited electrical assembly in Cadee" (id. at 9). According to the Appellants, "it doesn't make logical sense for strip 900 to electrically connect 'via' itself heater/sensor 900 to an electrical assembly, 6 Appeal2017-006999 Application 13/046,283 since strip 900 and heater/sensor 900 are one and the same" (id.; bolding added). The Examiner, however, finds that Catlee's strip 900 and heater 930 are, respectively, an "electrically conductive coating" and "heater" as recited in claims 24 and 25 (Final Act. 11-12). The Appellants do not explain why Catlee's power supply/amplifiers 950 and/or electrodes 940 cannot reasonably be considered as "an electrical assembly," as specified in claim 25. Therefore, we uphold the Examiner's rejection as to claim 25. 3. Claim 26 Claim 26, which depends from claim 24, recites that "an electrically insulating gap is provided between the surface and the heater and/ or temperature sensor" (Appeal Br. 30). The Appellants argue that the Examiner erroneously "refers to gaps between strips 900 in Cadee" to account for claim 26 (id. at 10; bolding added). The Examiner points to Cadee' s Figures 23-24 and paragraphs 118- 120 (Final Act. 12; Ans. 5---6). Nothing in these disclosures, however, indicate the existence of any gap between any of Cadee' s strips 900 and heaters 930. Therefore, we do not sustain the Examiner's rejection as to claim 26. 4. Claim 27 Claim 27, which depends from claim 24, recites that "the heater and/or temperature sensor is embedded in the coating" (Appeal Br. 30). The Appellants argue that "there is no indication that heater 930 of Cadee is embedded within strip 900" (Appeal Brief 10; bolding added). 7 Appeal2017-006999 Application 13/046,283 The Examiner merely repeats the claim limitations and points to Catlee's Figures 23-24 and paragraphs 117-120 (Final Act. 12; Ans. 5---6). The Examiner, however, does not point to any sufficiently specific disclosure regarding any embedded heater or temperature sensor. Therefore, we do not sustain the Examiner's rejection as to claim 27. 5. Claim 32 Claim 32, which depends from claim 24, recites that "the coating is configured to provide electrical power to, or receive electrical signals from, the heater and/or temperature sensor" (Appeal Br. 30). The Appellants argue that "the Examiner has not identified any clear and unmistakable disclosure that Cadee' s heater 930 is electrically connected to strip 900 at the location of attachment or embedding" (id. at 10; bolding added). For the reasons given above for claim 24, we find the Appellants' arguments unpersuasive. Therefore, we uphold the Examiner's rejection as to claim 32. Rejection F (Claim 33). Claim 33, which depends from claim 24, recites that "a thickness of the coating is less than 10 µm" (Appeal Br. 31 ). The Appellants contend that "Fukuoka fail[ s] to overcome the deficiencies of the cited portions of Cadee" (id. at 12). The Appellants argue that, in view of the differences between Fukuoka and the claimed subject matter, "the cited portions of Fukuoka fail to provide any guidance or teaching regarding the thickness of a coating attached on top of which, or embedded in which, there is a heater and/or sensor" but rather "the cited portions of Fukuoka appear merely be directed to the thickness of a layer of a heater or sensor itself' (id. at 12-13). According to the Appellants, the Examiner 8 Appeal2017-006999 Application 13/046,283 "improperly reconstructed the claimed invention from the prior art by using the claimed invention as a 'blueprint"' (id. at 13). We disagree with the Appellants. First, we find no deficiency in Cadee relative to the base claim (i.e., claim 24) based on the Appellants' arguments, as we discussed above. Second, the Examiner specifically finds that Cadee "discloses a desire to control the material and the dimensions of the strip so as to control rate of heat produced by resistive heating strip" (Final Act. 14) (relying on Cadee i-f 117). The Appellants do not specifically refute the Examiner's reasonable finding, based on Cadee' s disclosure, that resistivity (and therefore the amount of heat) would be dependent on the dimensions of the strip 900. Given that undisputed finding, we conclude that a person having ordinary skill in the art would have arrived at optimum or suitable strip dimensions, including a strip thickness within the range recited in claim 33, by routine experimentation. In re Aller, 220 F.2d 454, 456 (CCPA 1955) ("[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation."). For these reasons, we uphold Rejection F. Rejection G (Claims 1, 2, 6--13, 15, and 17-23). Unless a claim is argued separately, it stands or falls with claim 1, which we select as representative. 37 C.F.R. § 41.37(c)(l)(iv). 1. Claim 1 Claim 1 recites (Appeal Br. 27): 1. A lithographic apparatus comprising: a heater and a separate temperature sensor on a surface between projection structures of a pimple or burl plate, each of the heater and the temperature sensor having a major surface that is elongate and the heater associated with the temperature sensor 9 Appeal2017-006999 Application 13/046,283 such that the heater and the temperature sensor control the temperature of the same area of the surface. The Examiner acknowledges that Cadee does not describe (1) the heater and the temperature sensor to be placed "on a surface between projection structures of a pimple or burl plate" and (2) a separate temperature sensor having a major surface that is elongate (Final act. 15- 16). With respect to difference (1 ), the Examiner relies on Maria Zaal (id. at 16-17). With respect to difference (2), the Examiner relies on Cadee and also Vellore (id. at 15-16). Regarding difference ( 1 ), the Examiner concludes: [I]t would have been obvious to one of ordinary skill in the art to add heaters and associated temperature sensors between the burls, as taught by Maria Zaal ... in the lithographic apparatus of Cadee ... because such a modification allows for an enhanced thermal control of the substrate and substrate table by allowing a high thermal conductance pathway between the substrate and substrate table .... The Appellants contend that the Examiner's reliance on Maria Zaal is misplaced because Maria Zaal "at best merely suggests providing a thermally conductive material between the burls" and not a heater (Appeal Br. 14 ). The Appellants argue that, instead, Maria Zaal teaches the placement of the heaters in a different location (id. at 15). We disagree with the Appellants. Maria Zaal describes a lithographic apparatus in which a non-fluid coupling medium (e.g., "indium foil, which is very soft and a good conductor of heat") is provided between burls as shown in Figure 11 (Maria Zaal i-fi-179, 82). According to Maria Zaal, such an embodiment provides an enhanced thermal pathway between the substrate and/or substrate holder and the substrate table and/or cover plate, thereby stabilizing the substrate temperature (id. i183). Thus, although Maria Zaal 10 Appeal2017-006999 Application 13/046,283 teaches that the arrangement in Figure 11 "does not comprise any heating or cooling means in the substrate holder 2" (id. i-f 79) and does not use resistivity to generate the heat as in Cadee, a person having ordinary skill in the art would have reasonably expected that placing Cadee' s substrate heater 930 (that are not directly connected to any power supply) between burls would provide advantages similar to those suggested by Maria Zaal (i.e., enhanced thermal pathway and stabilized substrate temperature). KSR Int 'l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007) ("[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill."). For these reasons, we uphold the rejection as to claim 1. 2. Claim 8 Claim 8, which depends from claim 1, recites that "the heater and temperature sensor is formed, in plan, as a line following a tortuous path" (Appeal Br. 27). Referring to Catlee's Figure 9, the Appellants argue that "the Examiner merely cites to a glow wire heater 85 following a tortuous path" and not "that both the heater and temperature sensor are formed, in plan, as a line following a tortuous path" as in claim 8 (id. at 16; bolding added). The Examiner, however, further relied on Vellore (Final Act. 16; Ans. 10-11). Merely attacking the Examiner's citation to Catlee's Figure 9 does not demonstrate that the Examiner's reliance on the collective teachings in both Cadee and Vellore constituted reversible error. In re Merck & Co., Inc., 800 F.2d 1091, 1097 (Fed. Cir. 1986) ("Non-obviousness cannot be 11 Appeal2017-006999 Application 13/046,283 established by attacking references individually where the rejection is based upon the teachings of a combination of references."). Therefore, we uphold the rejection as to claim 8. 3. Claim 10 The Appellants' arguments for claim 10 are similar to those presented for claim 25 (Appeal Br. 16-17). Therefore, we uphold the rejection as to this claim for the same or similar reasons. 4. Claim 12 Claim 12, which depends from claim 1, recites that "the pimple or burl plate is of a substrate table, the substrate table comprising one heater and temperature sensor per die on the substrate" (Appeal Br. 28). The Appellants contend that "[ t ]he cited portions of Cadee provide no connection between its disclosure regarding dies of a substrate and its heaters and sensors" and, therefore, "a person of ordinary skill in the art would see no logical connection to jump from those disparate disclosures to providing one heater and temperature sensor per die on the substrate" (id. at 18). The Appellants argue that "while a person of ordinary skill in the art may consider providing a plurality of sensors and/or heaters in view of Cadee, there is no suggestion in Cadee to do so in a manner that there is one heater and temperature sensor per die on the substrate" (id.). According to the Appellants, "having one heater and temperature sensor per die on the substrate would greatly increase the number of heaters and temperature sensors" (id.). The Appellants' arguments, however, do not address the Examiner's findings that Cadee discloses the use of both temperature sensors 60 and heaters 85 (Final Act. 19--20) (citing, e.g., Cadee Figs. 8, 15, 20). Indeed, 12 Appeal2017-006999 Application 13/046,283 Catlee's Figure 8, for instance, shows heaters 85, 86 embedded in a substrate table along with temperature sensors 60 (Cadee i-fi-176, 80). For these reasons, we uphold the rejection as to claim 12. 5. Claim 19 Claim 19, which depends from claim 1 through intervening claim 1 7, recites that "the heater and associated sensor form a micro-electro- mechanical system" (Appeal Br. 29). The Appellants argue that the Examiner's "cited portion of Cadee [i-f 103] merely provides that MEMS techniques can be used to construct the structures disclosed in the" paragraph (id. at 19). We discern no merit in the Appellants' argument. Cadee explicitly discloses a miniature temperature control system including a miniature temperature sensor and a miniature heater (Cadee i-f 103). The Appellants do not explain why this disclosure is insufficient to meet the further limitations recited in claim 19. Therefore, we uphold the rejection as to claim 19. 6. Claim 20 Claim 20, which depends from claim 1 through intervening claims 17 and 19, recites that "the associated sensor comprises a thermally activated switch" (Appeal Br. 29). The Appellants argue that this limitation is not described in Cadee because "[a] thermally activated switch is [a] known term of art and uses thermal expansion and/or contraction of a material to cause the switch to be open above or below a certain temperature" (id. at 19) (citing Spec. i-f 181 ). We disagree with the Appellants. Cadee teaches that "[t]he miniature control systems 600 are arranged so that the heater component 620 is 13 Appeal2017-006999 Application 13/046,283 activated to emit heat when the local temperature of the substrate, as measured by the miniature temperature sensor 610, falls below a predetermined threshold value" (Cadee i-f 103). Under the broadest reasonable interpretation consistent with the Specification, we find that Cadee' s disclosure is sufficient as a description of the disputed limitations. The cited Specification description (Spec. i-f 181) does not compel a contrary finding because that disclosure merely describes an embodiment-not a definition that limits the scope of "a thermally activated switch" as that term is used in the claim. In re ICON Health & Fitness, Inc., 496 F.3d 1374, 13 79 (Fed. Cir. 2007) ("[W]e look to the specification to see if it provides a definition for claim terms, but otherwise apply a broad interpretation."). Therefore, we uphold the rejection as to claim 20. 7. Claim 21 Claim 21, which depends from claim 1 through intervening claim 1 7, recites that "the heater and associated sensor are a self-regulated heater having an electromagnetic property that varies as a function of temperature such that a change in temperature results in a change in heat output at constant applied voltage" (Appeal Br. 29). The Appellants contend that the Examiner did not adequately address this limitation (id. at 19--20). We disagree with the Appellants. The Examiner relied on Cadee' s teaching that temperature affects resistivity (Cadee i-f 103). Given that the heater material's resistivity is affected by temperature, it would reasonably appear that the material's electromagnetic property would also be affected. The Appellants direct us to no concrete evidence (e.g., experimental evidence) to indicate the contrary. In re Best, 562 F.2d 1252, 1255 (CCPA 1977). 14 Appeal2017-006999 Application 13/046,283 Therefore, we uphold the rejection as to claim 21. Rejection H (Claim 5). Claim 5, which depends from claim 1, recites that the apparatus further comprises "another heater and another temperature sensor on a surface of a final element of a projection system" (Appeal Br. 27). The Appellants argue that the Examiner's reliance on Janssen for this feature constitutes reversible error because Janssen does not overcome the deficiencies in the Examiner's reliance on the other references (id. at 20). In addition, the Appellants argue that Janssen does not disclose a temperature sensor per se (id.). We disagree with the Appellants. First, the Examiner's reliance on the other references has not been shown to be deficient. Second, the Examiner specifically finds that Janssen describes temperature sensors (Janssen i-f 76). The Appellants' mere reference to Janssen's Figure 7 (Reply Br. 21) is insufficient to identify reversible error in the Examiner's reasonable position that Janssen's general teachings in combination with the other references would have suggested the claimed subject matter. Therefore, we uphold the rejection. Rejection I (Claims 14 and 36). 1. Claim 14 Claim 14, which depends from claim 1 through intervening claim 13, recites that "the plurality of heaters and plurality of temperature sensors are, in plan, laid out in a two dimensional grid" (Appeal Br. 28). The Appellants argue that Van Der Feltz does not disclose heaters (id. at 24). The Examiner, however, also relies on Catlee's Figure 7 (Ans. 15). Catlee's Figure 7 shows a plurality of heaters 85 and temperature sensors 60 in a two- dimensional grid arrangement. 15 Appeal2017-006999 Application 13/046,283 Therefore, we uphold the rejection as to claim 14. 2. Claim 36 Claim 36, which depends from claim 34, recites, in relevant part, that "the plurality of heaters and/or temperature sensors are, in plan, laid out in a two dimensional grid among the projection structures" (Appeal Br. 31 ). The Appellants contend that Van Der Feltz does not describe a "two dimensional grid among the projection structures" (Appeal Br. 25). The Examiner, however, relies on the collective teachings found in Cadee, Fukuoka, Vellore, and Van Der Feltz. Therefore, the Appellants cursory attack on Van Der Feltz is insufficient to identify a reversible error. Therefore, we uphold the rejection as to claim 36. Rejection J (Claims 34 and 35). 1. Claim 34 The Appellants arguments for claim 34 are similar to those presented for claim 1 in Rejection G (Appeal Br. 22-23), which we found unpersuasive. Therefore, we uphold the rejection as to claim 34. 2. Claim 35 The Appellants arguments for claim 3 5 are similar to those presented for claim 8 in Rejection G (id. at 23-24), which we found unpersuasive. Therefore, we uphold the rejection as to claim 35. IV. SUMMARY Rejections A through D, E (except as to claims 26 and 27), and F through I are sustained. Therefore, the Examiner's final decision to reject claims 1, 2, 5-15, and 17-36 is affirmed as to claims 1, 2, 5-15, 17-25, and 28-36 but reversed as to claims 26 and 27. 16 Appeal2017-006999 Application 13/046,283 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-IN-PART 17 Copy with citationCopy as parenthetical citation