Ex Parte SMITH III - 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                   for publication and is not binding precedent of the Board.         

                                                                 Paper No. 25         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     

                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     

                            Ex parte CHARLES T. SMITH, III                            
                                     ____________                                     
                                 Appeal No. 2002-0754                                 
                              Application No. 09/046,797                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before COHEN, FRANKFORT, and STAAB, Administrative Patent Judges.           
          COHEN, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  


               This is an appeal from the final rejection of claims 1                 
          through 5, 7, 10 through 14, 16 through 19, and 21.  Claim 6                
          stands objected to (Paper No. 19, page 10), and claims 8 and 9              
          have been withdrawn from consideration as being based upon a non-           


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