Ex Parte Kelley 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                      for publication and is not binding precedent of the Board.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 MARCEY L. KELLEY, LAURI A. DOBBS,                                
                               TONY BARTOLETTI, and SCOTT D. ELKO                                   
                                            ____________                                            
                                       Appeal No. 2006-1707                                         
                                   Application No. 09/964,0291                                      
                                            ____________                                            
                                              ON BRIEF                                              
                                            ____________                                            
           Before HAIRSTON, SAADAT, and HOMERE, Administrative Patent Judges.                       
           SAADAT, Administrative Patent Judge.                                                     

                                       DECISION ON APPEAL                                           
                 This is a decision on appeal under 35 U.S.C. § 134(a) from the                     
           Examiner’s final rejection of claim 6.  Claims 1-5 and 7-17 have                         
           been canceled.                                                                           
                 We affirm.                                                                         
                                            BACKGROUND                                              
                 Appellants’ invention is directed to a computer-implemented                        
           system for secure patch software distribution of software from                           
                                                                                                   
                 1  Application for patent filed September 26, 2001, which claims the               
           filing priority benefit under 35 U.S.C. § 119 of the Provisional Application             
           No. 60/236,413, filed September 28, 2000.                                                




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