Ex Parte HERBST et al - 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               written for publication and is not binding precedent of the Board.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. 21          
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    ____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    ____________                                    
               Ex parte JOSEPH MARTIN HERBST and JOEL MARK YARBOROUGH               
                                    ____________                                    
                                Appeal No. 2003-1877                                
                             Application No. 09/375,071                             
                                    ____________                                    
                                      ON BRIEF                                      
                                    ____________                                    
         Before THOMAS, HAIRSTON, and GROSS, Administrative Patent Judges.          
         GROSS, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                 
               This is a decision on appeal from the examiner's final               
         rejection of claims 1 through 26, which are all of the claims              
         pending in this application.                                               
               Appellants' invention relates to a method and system for             
         storing data in a file.  The method includes the steps of                  
         defining a number of storage regions including a first region and          
         an end of file region, storing data until all regions of the file          
         are used, redesignating the first region as a new end of file              
         region, and storing more data in the new end of file region.               




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