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written for publication and is not binding precedent of the Board.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 DWIGHT POPLIN, MICHAEL J. ZELMAN, AIRELL R. CLARK II,
and TODD S. SACHS
__________
Appeal No. 2006-3032
Application No. 09/969,040
__________
ON BRIEF
__________
Before JERRY SMITH, RUGGIERO, and BARRY, Administrative Patent Judges.
JERRY SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s rejection of claims 1-3, 5-9, 12-14, 16, 17 and 19-21. We note
that the examiner has withdrawn the rejection of dependent claim 11 in
response to appellants’ arguments in the brief. Claims 4, 10, 15 and 18
have been cancelled.
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