Ex Parte Presley - 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 18                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                   Ex parte GLEN T. PRESLEY                                                           
                                                         ______________                                                               
                                                      Appeal No. 2003-1494                                                            
                                                      Application 09/685,178                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before KRASS, STAAB and WARREN, Administrative Patent Judges.                                                          
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellant, in the brief and reply brief, and                    
               based on our review, find that we cannot sustain the grounds of rejection advanced by the                              
               examiner on appeal:  claims 1, 2, 4, 5, 7, 9 and 10 stand rejected under 35 U.S.C. § 103(a) as                         
               being unpatentable over Douglas in view of Baldwin;  claims 3 and 8 stand rejected under                               
               35 U.S.C. § 103(a) as being unpatentable over Douglas in view of Baldwin as applied to claims 1                        
               and 7 above, and further in view of Graf;  and claims 6 and 11 stand rejected under 35 U.S.C.                          
               § 103(a) as being unpatentable over Douglas in view of Baldwin as applied to claims 1 and 7                            





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