Ex Parte McBrearty 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                           for publication and is not binding precedent of the Board.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 GERALD F. MCBREARTY, SHAWN P. MULLEN,                                      
                       JOHNNY MENG-HAN SHIEH, and MICHAEL W. WORTMAN                                            
                                                 ____________                                                   
                                               Appeal 2006-2685                                                 
                                             Application 09/801,614                                             
                                            Technology Center 2100                                              
                                                 ____________                                                   
                                            Decided: March 26, 2007                                             
                                                 ____________                                                   
                Before JAMES D. THOMAS, MAHSHID D. SAADAT, and JEAN R.                                          
                HOMERE, Administrative Patent Judges.                                                           
                SAADAT, Administrative Patent Judge.                                                            


                                              DECISION ON APPEAL                                                
                       This is a decision on appeal under 35 U.S.C. § 134(a) from the                           
                Examiner’s final rejection of claims 1, 4, 5, 7, 10, 13, 14, 17, 20, 21, 24, 25,                
                27, and 30.  Claims 2, 3, 6, 8, 9, 11, 12, 15, 16, 18, 19, 22, 23, 26, 28, and 29               
                have been canceled.                                                                             
                       We reverse.                                                                              





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