Ex Parte Day - 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                                               is not binding precedent of the Board.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 RUPERT P. DAY                                                   
                                                       ____________                                                       
                                                   Appeal No. 2004-0383                                                   
                                                 Application No. 09/703,279                                               
                                                       ____________                                                       
                                                         ON BRIEF                                                         
                                                       ____________                                                       
              Before WILLIAM F. SMITH, TIMM, and ADAMS, Administrative Patent Judges.                                     
              TIMM, Administrative Patent Judge.                                                                          



                                                 DECISION ON APPEAL                                                       
                     Claims 1-3, 5-16, and 18-23 are pending in the application and all of the pending claims             
              are rejected by the Examiner as unpatentable.  As Appellant states that claims 1-3, 5-10, 14-16,            
              and 18-23 are the subject of the appeal (Brief, p. 2), we will limit our review to those claims.1           
              Accordingly, the rejection of claims 13-15 will not be reviewed.  We have jurisdiction over the             
              appeal pursuant to 35 U.S.C. § 134.                                                                         




                     1References to the Brief are to the Supplemental Brief filed on June 2, 2003.                        





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