Ex Parte Smith - 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                                           is not binding precedent of the Board.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. 26           

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                                 ____________                                                 
                                 BEFORE THE BOARD OF PATENT APPEALS                                           
                                           AND INTERFERENCES                                                  
                                                 ____________                                                 
                                           Ex parte JAMES R. SMITH                                            
                                                 ____________                                                 
                                             Appeal No. 2003-0574                                             
                                           Application No. 09/568,616                                         
                                                 ____________                                                 
                                                   ON BRIEF                                                   
                                                 ____________                                                 
            Before KIMLIN, JEFFREY T. SMITH and MOORE, Administrative Patent Judges.                          
            JEFFREY T. SMITH, Administrative Patent Judge.                                                    


                                           DECISION ON APPEAL                                                 
                   Applicant appeals the decision of the Primary Examiner finally rejecting claims            
            11-17 and 19-27.1,2  We have jurisdiction under 35 U.S.C. § 134.                                  


                   1  In rendering our decision, we have considered Appellant’s arguments presented in the Brief,
            filed July 31, 2002.                                                                              
                   2  The after final amendment to claim 25 has been entered by the Examiner.  (Answer, p. 2).





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