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Ex Parte Mitchell 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                          for publication and is not binding precedent of the Board.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 GEOFFERY SCOTT MITCHELL,                                              
                                  CHRISTOPHER PAUL BURMESTER,                                                  
                                         RUTH M. LASSMAN, and                                                  
                                           CORINNE WAYSHAK                                                     
                                               ____________                                                    
                                              Appeal 2007-1928                                                 
                                           Application 10/163,282                                              
                                          Technology Center 3700                                               
                                               ____________                                                    
                                          Decided:  August 28, 2007                                            
                                               ____________                                                    
             Before WILLIAM PATE, III, TERRY J. OWENS, and MURRIEL E.                                          
             CRAWFORD, Administrative Patent Judges.                                                           
             PATE, III, Administrative Patent Judge.                                                           

                                          DECISION ON APPEAL                                                   
                                       STATEMENT OF THE CASE                                                   
                   This is an appeal from the Final Rejection of claims 119-301.  Theses are the               
             only claims remaining the application.  It appears that the Appellants and the                    
             Examiner have overlooked the status of claims 138 and 139. Since these claims                     





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