Ex Parte HOUG - 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          not written for publication and is not binding precedent of the             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. 26                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                                Ex parte TODD C. HOUG                                 
                                     __________                                       
                                Appeal No. 2003-2116                                  
                             Application No. 09/306,954                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before FRANKFORT, MCQUADE, and NASE, Administrative Patent                  
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Todd C. Houg originally took this appeal from the final                
          rejection (Paper No. 14) of claims 1 through 26, all of the                 
          claims pending in the application.  Upon consideration of the               
          appellant’s main brief (Paper No. 18), the examiner issued an               
          Office action (Paper No. 19) reopening prosecution and entering             
          superseding rejections of the claims.  Pursuant to 37 CFR                   
          § 1.193(b)(2)(ii), the appellant then filed a request that the              
          appeal be reinstated (Paper No. 20) and a supplemental brief                
          (Paper No. 21).  Implicitly granting the request, the examiner              





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