Ex Parte Noestheden - 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 19                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                               Ex parte ANDREW NOESTHEDEN                                                             
                                                         ______________                                                               
                                                      Appeal No. 2004-0481                                                            
                                                      Application 09/783,260                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, OWENS and DELMENDO, 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 based on our                       
               review, find that we cannot sustain either of the grounds of rejections of appealed claims 1, 6 and                    
               7,1 all of the claims in the application, under 35 U.S.C. § 103(a) as being unpatentable over                          
               Strong in view of Flores et al. (Flores) and Lucore, II (Lucore), and over Mercier et al. (Mercier)                    
               in view of Flores and Lucore.2                                                                                         
                       We refer to the examiner’s answer and to appellant’s brief for a complete exposition of                        
               the respective positions advanced by the examiner and appellant.                                                       

                                                                                                                                     
               1  See the appendix to the brief.                                                                                      
               2  Answer, pages 3-6.                                                                                                  

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