Ex Parte Kumhyr - 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                         is not binding precedent of the Board.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 DAVID BRUCE KUMHYR                               
                                   _____________                                      
                                Appeal No. 2004-1868                                  
                             Application No. 09/731,628                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before HAIRSTON, FLEMING, and DIXON, Administrative Patent                  
          Judges.                                                                     
          HAIRSTON, Administrative Patent Judge.                                      
                                 DECISION ON APPEAL                                   

               This is an appeal from the final rejection of claims 1                 
          through 36.  After submission of the brief, the examiner objected           
          to claims 8 through 12, 20 through 24 and 32 through 36 as being            
          dependent upon rejected base claims, but found that they would be           
          allowable if rewritten in independent form including all of the             








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