Ex Parte Kirby - 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          not written for publication and is not binding precedent of the             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                                        
                                    Mark E. Kirby                                     
                                   _______________                                    
                                Appeal No. 2004-1263                                  
                             Application No. 09/683,029                               
                                   _______________                                    
                                      ON BRIEF                                        
                                   _______________                                    

          Before WALTZ, JEFFREY T. SMITH, 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 through 7.                  










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