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Ex Parte Smart 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          written for publication and is not binding precedent of the Board.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 GARY DONALD SMART and STEVEN CRAIG TOMASI                        
                                        __________                                          
                                   Appeal No. 2006-1507                                     
                               Application No. 10/114,567                                   
                                        ___________                                         
                                         ON BRIEF                                           
                                        ___________                                         
          Before OWENS, CRAWFORD and LEVY, Administrative Patent Judges.                    
          OWENS, Administrative Patent Judge.                                               

                                    DECISION ON APPEAL                                      
                This appeal is from a rejection of claims 1-4, 8, 11-18                     
          and 23.  Claims 5-7, 9, 10 and 19-22 stand withdrawn from                         
          consideration by the examiner as claiming a nonelected invention.                 
          Claims 24-44 have been canceled.                                                  











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