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Ex Parte Modica - Page 1

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                            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                                    for publication and is not binding precedent of the Board.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 STEVE MODICA                                                   
                                                    ____________                                                      
                                                Appeal No. 2005-2569                                                  
                                              Application No. 10/200,828                                              
                                                    ____________                                                      
                                                      ON BRIEF                                                        
                                                    ____________                                                      
             Before BARRETT, RUGGIERO, and DIXON, Administrative Patent Judges.                                       
             DIXON, Administrative Patent Judge.                                                                      



                                               DECISION ON APPEAL                                                     
                    This is a decision on appeal from the examiner's final rejection of claims 1-3,                   
             6-12 and 14-20, which are all of the claims pending in this application.  The examiner                   
             has indicated that claims 4, 5 and 13 would be allowable if rewritten in independent                     
             form.                                                                                                    


                    We AFFIRM-IN-PART.                                                                                







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