Ex Parte Pounds et al - Page 9

               Appeal 2007-1941                                                                             
               Application 10/363,159                                                                       
           1                                  CONCLUSION                                                    
           2  The rejection of Claims 1-27, 30, 32 and 33 is affirmed.3                                     

                                               AFFIRMED                                                     










               VW                                                                                           
               cc (via First Class Mail):                                                                   
               Attorney for Appellant:                                                                      
               Sue Z. Sharper, PC                                                                           
               1800 West Loop South                                                                         
               Suite 1450                                                                                   
               Houston TX 77027                                                                             



                                                                                                           
               3  We note that rejected Claims 30, 32 and 33 are multi-dependent                            
               claims which depend from both allowed and rejected claims.  Whether those                    
               claims may be amended to limit the dependencies to allowable claims is not                   
               a matter before us.  We also note applicant’s statement at page 8 of the Brief               
               that Claims 6, 11, 17 and 22 would be allowable if rewritten without the                     
               contested limitation.  We express no view on that statement.  Whether                        
               claims can be amended after an appeal is a matter to be decided by the                       
               Office of the Commissioner of Patents.                                                       

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