Ex Parte Tobias 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          not written for publication and is not binding precedent of the             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.  16                  
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
           Ex parte DAVID F. TOBIAS, RICHARD G. RUSSELL and MARK T. ELLIS             
                                     __________                                       
                                Appeal No. 2004-1716                                  
                               Application 10/106,631                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before HAIRSTON, KRASS and OWENS, Administrative Patent Judges.             
          OWENS, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 2-9, which           
          are all of the claims pending in the application.                           
                                    THE INVENTION                                     
               The appellants claim a microcontroller having a means for              
          defining a scan path comprising a peripheral device’s                       





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