Ex Parte GUSLER 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           written for publication and is not binding precedent of the Board.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. 26              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
               Ex parte CARL PHILLIP GUSLER and RICK A. HAMILTON, II                  
                                    _____________                                     
                                Appeal No. 2004-1465                                  
                             Application No. 09/316,752                               
                                   ______________                                     
                                    ON BRIEF                                          
                                   _______________                                    
          Before JERRY SMITH, FLEMING, and LEVY, Administrative Patent                
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   
                                 DECISION ON APPEAL                                   
          This is a decision on the appeal under 35 U.S.C. § 134                      
          from the examiner’s rejection of claims 1-33, which constitute              
          all the claims in the application.                                          
          The disclosed invention pertains to a method and                            
          apparatus for backing up data from a client computer in a                   
          distributed data processing system.                                         
                                                                                     





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