Ex Parte McCutchan - Page 1



           The opinion in support of the decision being entered today is not binding  
                                precedent of the Board.                               
                                                                                     
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                           Ex parte MICHAEL DEAN MCCUTCHAN                            
                                     __________                                       
                                Appeal No. 2006-0930                                  
                             Application No. 09/905,540                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before HANLON, DELMENDO, and GAUDETTE, Administrative Patent                
          Judges.                                                                     
          DELMENDO, Administrative Patent Judge.                                      


                              DECISION ON APPEAL UNDER                                
                                   35 U.S.C. § 134                                    

               This is a decision on an appeal under 35 U.S.C. § 134                  
          (2004) from the examiner’s rejection of claims 1, 3, 5, 6, and              
          17 through 20 (Office action mailed January 7, 2005), which                 
          are all of the claims pending in the above-identified                       
          application.  Because the examiner has made out a prima facie               
          case of obviousness with respect to the appealed claims and                 
          since the appellant has failed to direct us to persuasive                   





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