Ex Parte Ferree - 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                           for publication and is not binding precedent of the Board.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 BRET A. FERREE                                                
                                                ____________                                                    
                                            Appeal No. 2006-1916                                                
                                         Application No. 10/438,604                                             
                                           Technology Center 3700                                               
                                                ____________                                                    
                                                  ON BRIEF                                                      
                                                ____________                                                    
             Before OWENS, CRAWFORD and BAHR, Administrative Patent Judges.                                     
             BAHR, Administrative Patent Judge.                                                                 


                                          DECISION ON APPEAL                                                    
                   This is a decision on appeal from the examiner's rejection of claims 1-4 and                 
             6-9.  Claims 2 and 3 were amended subsequent to the final rejection to overcome                    
             the rejection of these claims under 35 U.S.C. § 112, second paragraph, and claim 5                 
             has been canceled.                                                                                 
             We REVERSE and enter a new ground of rejection.                                                    

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