Ex Parte Rodriguez 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                      publication and is not binding precedent of the Board.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. 9          
                         UNITED STATES PATENT AND TRADEMARK OFFICE                           
                                         ____________                                        
                            BEFORE THE BOARD OF PATENT APPEALS                               
                                      AND INTERFERENCES                                      
                                         ____________                                        
                     Ex parte HERMAN RODRIGUEZ, JAMES NEWTON SMITH                           
                                  and  CLIFFORD JAY SPINAC                                   
                                         ____________                                        
                                    Appeal No. 2004-0716                                     
                                 Application No. 09/544,275                                  
                                         ____________                                        
                                           ON BRIEF                                          
                                         ____________                                        
          Before HAIRSTON, DIXON, and LEVY, Administrative Patent Judges.                    
          LEVY, 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 1-18, which are all of the                    
          claims pending in this application.                                                

                                         BACKGROUND                                          
                Appellants' invention relates to the reduction of                            
          transmission bandwidth by providing a minimum bandwidth state                      
          during an on-hold condition.  An understanding of the invention                    





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