Ex Parte SMITH - 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         not written for publication and is not binding precedent of the            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. 44             

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                             Ex parte GREGORY C. SMITH                              
                                    __________                                      
                                Appeal No. 2004-0859                                
                               Application 08/866,456                               
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before PAK, OWENS and PAWLIKOWSKI, Administrative Patent Judges.           
         OWENS, Administrative Patent Judge.                                        



                                 DECISION ON APPEAL                                 
              This appeal is from the final rejection of claims 29-47.              
         Claims 48-52, which are all of the other claims pending in the             
         application, stand withdrawn from consideration by the examiner            
         as being directed toward a nonelected invention.                           






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