Ex Parte BROOKS - Page 1




                                        The opinion in support of the decision being                                   
                                     entered today is not binding precedent of the Board.                              
                                                                                    Paper 31                           

                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                             ______________________                                                    
                                   BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                        
                                             ______________________                                                    
                                           Ex parte ARTHUR P. BROOKS                                                   
                                             ______________________                                                    
                                               Appeal No. 2002-20231                                                   
                                             Application No. 08/689,5262                                               
                                             ______________________                                                    
                                                     ON BRIEF                                                          
                                             ______________________                                                    

              Before:  LEE, SPIEGEL and MEDLEY, Administrative Patent Judges.                                          
              SPIEGEL, Administrative Patent Judge.                                                                    

                                              DECISION ON APPEAL                                                       
              I.    Introduction                                                                                       
                    This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final                       
              rejection of claims 1, 8-10 and 13-16 and refusal to allow claims 2, 3, 6 and 7 as                       
              amended subsequent to the final rejection, which are all of the claims pending in this                   
              application.  We reverse.                                                                                



                    1 The application on appeal was received by the Board on August 6, 2002.                           
                    2 Application for patent filed August 9, 1996.  The real party in interest is International Business
              Machines Corporation.                                                                                    





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