Ex Parte BIRDSLEY 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          not written for publication and is not binding precedent                    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 JEFFREY D. BIRDSLEY,                             
                        MICHAEL R. BRUCE, RAMA R. GORUGANTHU,                         
                       BRENNAN V. DAVIS, and ROSALINDA M. RING                        
                                   ______________                                     
                                Appeal No.  2004-0648                                 
                               Application 09/379,047                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before  PAK, KRATZ, and PAWLIKOWSKI, Administrative Patent                  
          Judges.                                                                     
          PAWLIKOWSKI, Administrative Patent Judge.                                   


                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from the            
          examiner’s final rejection of claims 1, 2, 3, and 24.  A copy of            
          these claims is set forth in the attached appendix.                         
               Claims 1-3 and 24 stand rejected under 35 U.S.C. §102(e) as            
          being anticipated by Winer.                                                 












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