Ex Parte Ames 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                             for publication and is not binding precedent of the Board.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 BRUCE N. AMES and QING JIANG                                         
                                                __________                                                   
                                             Appeal 2007-1138                                                
                                          Application 10/301,918                                             
                                         Technology Center 1600                                              
                                                __________                                                   
                                                ON BRIEF                                                     
                                                __________                                                   
                Before SCHEINER, ADAMS, and LEBOV ITZ, Administrative Patent                                 
                Judges.                                                                                      
                LEBOVITZ, Administrative Patent Judge.                                                       

                                         DECISION ON APPEAL                                                  
                      Claims 1 and 10 are appealed.  We have jurisdiction under 35 U.S.C.                    
                § 6(b).  We affirm the rejection, but because the Examiner improperly                        
                interpreted the claims, we designate it as a new ground of rejection.                        

                                         STATEMENT OF CASE                                                   
                      Claims 1-16 and 21-24 are pending (Br. 1).  Claim 2-9, 11-16, and 21-                  
                24 are withdrawn from consideration (id.).  Claims 1-10 stand finally                        
                rejected and subject of this appeal (id.).                                                   




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