Ex Parte Gardner 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                         for publication and is not binding precedent of the Board.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 RICHARD LYNN GARDNER JR.                                            
                                               ____________                                                  
                                             Appeal 2006-2462                                                
                                          Application 09/790,856                                             
                                          Technology Center 2600                                             
                                               ____________                                                  
                                         Decided: February 6, 2007                                           
                                               ____________                                                  

                Before JAMES D. THOMAS, KENNETH W. HAIRSTON, and ALLEN R.                                    
                MacDONALD,  Administrative Patent Judges.                                                    
                THOMAS, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                                  
                      Pursuant to 35 U.S.C.  134, Appellant has appealed to the Board                       
                from the Examiner’s Final Rejection of claims 1 through 3, 5, 6, 8, 9, 11                    
                through 15, 18 through 21, 30 through 33, 36 and 52 through 57.  Pages 2                     
                and 3 of the Answer indicate that the Examiner has withdrawn the rejection                   
                as to certain other claims originally on appeal.                                             





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