Ex Parte Kelly - 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                                  for publication and is not binding precedent of the Board.                   

                        UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                ____________                                                   

                             BEFORE THE BOARD OF PATENT APPEALS                                                
                                           AND INTERFERENCES                                                   
                                                 ____________                                                  
                                           Ex parte DANIEL P. KELLY                                            
                                                 ____________                                                  
                                             Appeal No. 2005-1416                                              
                                           Application No. 09/771,782                                          
                                                 ____________                                                  
                                                   ON BRIEF                                                    
                                                 ____________                                                  


              Before GARRIS, PAK, and JEFFREY T. SMITH, Administrative Patent Judges.                          
              JEFFREY T. SMITH, Administrative Patent Judge.                                                   


                                             DECISION ON APPEAL                                                
                    This is a decision on appeal from the examiner's final rejection of claims 37 to           
              43 and 47 to 49, which are all of the claims pending in this application.                        














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