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              today was not written for publication and is not                      
              binding precedent of the Board.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. 28                  
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                  ________________                                  
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                  ________________                                  
                    Ex parte ANTHONY F. HERBST and WAYNE F. PERG                    
                                  ________________                                  
                                Appeal No. 2004-0511                                
                               Application 09/375,817                               
                                  ________________                                  
                                      ON BRIEF                                      
                                  ________________                                  
         Before JERRY SMITH, BARRETT, and MACDONALD, Administrative Patent          
         Judges.                                                                    
         JERRY SMITH, Administrative Patent Judge.                                  
                                 DECISION ON APPEAL                                 

         This is a decision on the appeal under 35 U.S.C. § 134                     
         from the examiner’s rejection of claims 1-39, which constitute             
         all the claims in the application.                                         
         The disclosed invention pertains to a computer-aided                       
         method for operating a synthetic investment fund having at least           
         two different classes of interest.                                         

                                        -1-                                         




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