Ex Parte Dando - Page 1



                           The opinion in support of the decision being entered today                                 
                                      is not binding precedent of the Board.                                          

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                ________________                                                      
                                BEFORE THE BOARD OF PATENT APPEALS                                                    
                                            AND INTERFERENCES                                                         
                                                ________________                                                      
                                         Ex parte THOMAS E. DANDO                                                     
                                                ________________                                                      
                                                Appeal 2007-0086                                                      
                                              Application 10/845,785                                                  
                                             Technology Center 1700                                                   
                                                ________________                                                      
                                              Decided:  July 13, 2007                                                 
                                                ________________                                                      
                 Before EDWARD C. KIMLIN, BRADLEY R. GARRIS, and                                                      
                 LINDA M. GAUDETTE, Administrative Patent Judges.                                                     
                 GARRIS, Administrative Patent Judge.                                                                 

                                            DECISION ON APPEAL                                                        
                        This is a decision on an appeal under 35 U.S.C.  134 from the final                          
                 rejection of claims 1-40.1  We have jurisdiction under 35 U.S.C.  6.                                
                                                                                                                     
                 1 As correctly pointed out by the Examiner (Answer 2), the Appellant’s                               
                 discussion in the Brief of objections to the Specification and certain claims                        
                 relates to a petitionable rather than appealable matter.  See Manual of                              
                 Patenting Examining Procedure (MPEP)  1201 (8th ed., Rev. 3, Aug.                                   
                 2005).  Accordingly, this matter will not be addressed in the opinion which                          
                 follows.                                                                                             
                                                                                                                     



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