Ex Parte Spearman - 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          not written for publication and is not binding precedent of the             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. 17                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                   _______________                                    
                        Ex parte ROBERT DONALD ALDO SPEARMAN                          
                                   _______________                                    
                                Appeal No. 2004-0891                                  
                             Application No. 09/810,539                               
                                   _______________                                    
                                      ON BRIEF                                        
                                   _______________                                    

          Before KIMLIN, KRATZ, and PAWLIKOWSKI, Administrative Patent                
          Judges.                                                                     
          PAWLIKOWSKI, 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 and 5.                                          

               Claims 1 and 5 are representative of the subject matter on             
          appeal and are set forth below:                                             










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