Ex Parte SWIFT 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                   for publication and is not binding precedent of the Board.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. 17        
                      UNITED STATES PATENT AND TRADEMARK OFFICE                     
                                     ____________                                   
                          BEFORE THE BOARD OF PATENT APPEALS                        
                                  AND INTERFERENCES                                 
                                     ____________                                   
                       Ex parte LARRY SWIFT, TED N. MAWHINNEY                       
                                    and RICK SILVA                                  
                                     ____________                                   
                                 Appeal No. 2004-0505                               
                              Application No. 09/338,812                            
                                     ____________                                   
                                       ON BRIEF                                     
                                     ____________                                   
         Before KRASS, JERRY SMITH, and RUGGIERO, Administrative Patent             
         Judges.                                                                    
         RUGGIERO, Administrative Patent Judge.                                     


                                  DECISION ON APPEAL                                
              This is a decision on the appeal from the Examiner’s rejection        
         of claims 1, 3-7, 9-13, and 15-24, which are all of the claims             
         pending in the present application.  Claims 2, 8, and 14 have been         
         canceled.  An amendment filed December 17, 2002 after final                
         rejection has been approved for entry by the Examiner.                     






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