Ex Parte Smith 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                           for publication and is not binding precedent of the Board.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 FRANK TUCKER SMITH and TIMOTHY C. OSTWALD                                             
                                                  ____________                                                      
                                                Appeal 2006-2625                                                    
                                             Application 10/033,879                                                 
                                            Technology Center 3600                                                  
                                                  ____________                                                      
                                           Decided:  January 16, 2007                                               
                                                  ____________                                                      
             Before JENNIFER D. BAHR, STUART S. LEVY and LINDA E. HORNER,                                           
             Administrative Patent Judges.                                                                          
             HORNER, Administrative Patent Judge.                                                                   


                                            DECISION ON APPEAL                                                      
                    This is a decision on appeal under 35 USC § 134(a) from the Examiner's                          
             final rejection of claims 1-6.  Claims 7-21 have been withdrawn from                                   
             consideration.                                                                                         
                    We REVERSE.                                                                                     






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