Ex Parte PORTNOY 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                         is not binding precedent of the Board.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. 21              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                   Ex parte HAROLD D. PORTNOY and MICHAEL G. STYS                     
                                   _____________                                      
                                Appeal No. 2004-1461                                  
                             Application No. 09/461,883                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before JERRY SMITH, DIXON and BARRY, Administrative Patent                  
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   

                                 DECISION ON APPEAL                                   
          This is a decision on appeal under 35 U.S.C. § 134 from                     
          the examiner’s rejection of claims 1-4, 6-11, 13-20, 22-30, 32-35           
          and 37-39 which constitute all the claims in the application.               
          The disclosed invention pertains to an apparatus for use                    
          by a patient to provide informed consent to a medical procedure             
          using the Internet.                                                         
          Representative claim 1 is reproduced as follows:                            






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