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          not written for publication and is not binding precedent of the             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

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                                 Ex parte PAUL SWIFT                                  
                                     __________                                       
                                Appeal No. 2004-2239                                  
                             Application No. 09/975,417                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before KRATZ, DELMENDO, and PAWLIKOWSKI, Administrative Patent              
          Judges.                                                                     
          DELMENDO, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134                  
          (2003) from the examiner’s final rejection of claims 5 through 8            
          (final Office action mailed Aug. 5, 2003), which are all of the             
          claims pending in the above-identified application.1                        
                                                                                     
               1  In the appeal brief filed Dec. 24, 2003 (p. 3), the                 
          appellant states:                                                           
                    No amendment has been filed after the Examiner’s                  
               final Office Action...[T]he appellant is proposing                     
               some very minor wording changes to Claims 5, 6, and 7                  




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