Ex Parte Childers et al - Page 1



                               The opinion in support of the decision being entered today was not written                             
                                       for publication and is not binding precedent of the Board.                                     


                                                                                                      Paper No. 18                    



                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                          __________                                                                  

                                  BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                  AND INTERFERENCES                                                                   
                                                           __________                                                                 
                                             Ex parte WAYNE E. CHILDERS, JR.,                                                         
                                                   HORACE FLETCHER, III,                                                              
                                               MAGID A. ABOU-GHARBIA, and                                                             
                                                       JOHN P. YARDLEY                                                                
                                                     Appeal No. 2003-0890                                                             
                                                   Application No. 09/706,683                                                         
                                                           __________                                                                 
                                                            ON BRIEF                                                                  
                                                           __________                                                                 
               WINTERS, WILLIAM F. SMITH and ADAMS,  Administrative Patent Judges.                                                    
               WILLIAM F. SMITH, Administrative Patent Judge.                                                                         
                                                    DECISION ON APPEAL                                                                
                       This is an appeal under 35 U.S.C. § 134 from the examiner's final rejection of                                 
               claims 1-3, 16, and 27-30.  Claims 4, 7-12, 14, and 15 are pending but have been                                       
               objected to by the examiner.  These are the only claims pending in the application.                                    
                       Claims 1 and 16 are representative of the subject matter on appeal and read as                                 
               follows:                                                                                                               









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