Ex Parte Key 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               The opinion in support of the decision being entered today was not written for publication and is not binding
                                                  precedent of the Board                                           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 ARTHUR A. KEY, JEFFREY JOHN THOMAS                                        
                                        MATTHEW RICHARD GLEISER and                                                
                                           ALFRED D. NAPOLITANO, JR.                                               
                                                                                                                  
                                                  ______________                                                   
                                               Appeal No. 2006-0617                                                
                                              Application 10/209,887                                               
                                                  _______________                                                  
                                                      ON BRIEF                                                     
                                                  _______________                                                  
             Before FRANKFORT, OWENS and CRAWFORD, Administrative Patent Judges.                                   
             FRANKFORT, Administrative Patent Judge.                                                               

                                               DECISION ON APPEAL                                                  
             This is a decision on appeal from the examiner's final rejection of claims 1 through 8.               
             Claims 9 through 13, the only other claims remaining in the application, have been                    
             withdrawn from further consideration.                                                                 
             Subsequent to the final rejection, the examiner has withdrawn rejections of claims 1                  
             through 8 under 35 U.S.C. § 112, second paragraph; claims 1 through 4 and 6 through 8                 
             under 35 U.S.C.                                                                                       
             § 102(b) based on Nemoto (5,927,813); and claim 5 under 35 U.S.C.                                     

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