Ex Parte Bernard 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                         for publication and is not binding precedent of the Board.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 JEREMY R. BERNARD,                                           
                             JOHN L. CAGNEY and JAMES A. MORLEY                                           
                                             ____________                                                 
                                           Appeal 2006-3393                                               
                                         Application 10/270,862                                           
                                        Technology Center 3700                                            
                                             ____________                                                 
                                         Decided: May 18, 2007                                            
               Before TERRY J. OWENS, ROBERT E. NAPPI, and                                                
               ANTON W. FETTING                                                                           
               OWENS, Administrative Patent Judge.                                                        

                             ORDER REMANDING TO THE EXAMINER                                              

                     The Appellants appeal from a rejection of claims 1-9 and 11-18.                      
               Claims 10 and 19 stand objected to as dependent from a rejected base claim                 
               but allowable if rewritten in independent form, and claim 20 stands                        
               allowable.  The claims stand rejected as follows: claims 1-6, 8, 9, 11-15, 17              
               and 18 under 35 U.S.C. § 102(b) as anticipated by Allport (US 6,062,104),                  
               and claims 7 and 16 under 35 U.S.C. § 103 as obvious over Allport alone or                 
               in view of either Colford (US 5,695,176) or Sisco (US 5,231,893).                          




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