Ex Parte Deaton - 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                      written for publication and is not binding precedent of the Board.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 Donald Joe Deaton                                            
                                          ____________________                                                 
                                              Appeal 2006-3382                                                 
                                          Application 10/461,7091                                              
                                          Technology Center 2800                                               
                                          ____________________                                                 
                                          Decided: March 29, 2007                                              
                                          ____________________                                                 
                Before KENNETH W. HAIRSTON, HOWARD B. BLANKENSHIP, and                                         
                JAY P. LUCAS, Administrative Patent Judges.                                                    
                LUCAS, Administrative Patent Judge.                                                            
                                                                                                              
                                          DECISION ON APPEAL                                                   

                                          STATEMENT OF CASE                                                    

                                                                                                              
                1   Application filed June 13, 2003.  Appellant claims the benefit under                       
                35 U.S.C.  119 of provisional application 60/388,539, filed 06/13/2002.                       
                Application 11/174,368 is a continuation of 10/461,709, and has issued as                      
                Patent No. 7,009,370 on 03/07/2006.  The real party in interest is DRS Test                    
                & Energy Management, Inc. of Huntsville, Alabama.                                              




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