Ex Parte WHITED - 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                                    for publication and is not binding precedent of the Board.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. 37              
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                     ____________                                                      
                                    BEFORE THE BOARD OF PATENT APPEALS                                                 
                                                AND INTERFERENCES                                                      
                                                     ____________                                                      
                                            Ex parte JEFFREY A. WHITED                                                 
                                                     ____________                                                      
                                                 Appeal No. 2004-0209                                                  
                                              Application No. 09/120,778                                               
                                                     ____________                                                      
                                                       ON BRIEF                                                        
                                                     ____________                                                      
              Before ABRAMS, STAAB, and NASE, Administrative Patent Judges.                                            
              ABRAMS, Administrative Patent Judge.                                                                     



                                                DECISION ON APPEAL                                                     
                     This is a decision on appeal from the examiner's final rejection of claims 24, 25                 
              and 27.  Claims 1-5, 13-17 and 28-30 have been allowed, and claims 6-12, 18-23 and                       
              26 have been withdrawn by the examiner as being directed to a non-elected invention.                     


                     We REVERSE.                                                                                       











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