Ex Parte Townsend - Page 1




                Appeal No. 2004-1081                                                                                                        
                Application 10/041,836                                                                                                      

                                         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                                today was not written for publication and is not binding                                                    
                                precedent of the Board.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 MARSHALL O. TOWNSEND II                                                              
                                                             _____________                                                                  
                                                         Appeal No. 2004-1081                                                               
                                                         Application 10/041,836                                                             
                                                             _____________                                                                  
                                                               ON BRIEF                                                                     
                                                             _____________                                                                  
                Before WARREN, OWENS and JEFFREY T. SMITH, Administrative Patent Judges.                                                    
                WARREN, Administrative Patent Judge.                                                                                        

                                                   Decision on Appeal and Opinion                                                           
                        We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the                         
                opposing views of the examiner, in the answer, and appellant, in the brief and reply brief, and based on                    
                our review, find that we cannot sustain the grounds of rejection advanced on appeal: claims 1, 11 through                   
                13 and 20 stand rejected under 35 U.S .C . § 103 (a) as being unpatentable over Gibbs et al. (Gibbs) in                     
                view of Manley; claims 4 through 6, 10 and 25 through 31 stand rejected under 35 U.S.C. § 103(a) as                         
                being unpatentable over Gibbs in view of Manley as applied to claims 1 and 20 above, and further in view                    
                of Molinar; claim 9 stands rejected under                                                                                   
                35 U.S.C. § 103(a) as being unpatentable over Gibbs in view of Manley as applied to claims                                  
                1 and 20 above, and further in view of Beatty and Long; and claims 21 and 22 stand rejected                                 

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