Ex Parte Babu 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            written for publication and is not binding precedent of the Board.        


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                  Ex parte SURYADEVARA V. BABU, ANURAG JINDAL                         
                             and SHARATH HEGDE                                        
                                    _____________                                     
                                Appeal No. 2005-1459                                  
                             Application No. 09/950,612                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before KIMLIN, OWENS and WALTZ, Administrative Patent Judges.               
          WALTZ, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the primary examiner’s            
          non-final rejection of claims 1 through 6, which are the only               
          claims pending in this application.  Although the examiner’s                
          action dated Nov. 20, 2003, was non-final, the claims on appeal             
          have been twice rejected and thus we have jurisdiction pursuant             
          to 35 U.S.C. § 134 (2003).  See Ex parte Lemoine, 46 USPQ2d 1420,           
          1422-23 (Bd. Pat. App. & Int. 1998).                                        






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