Ex Parte Davis - 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                                      for publication and is not binding precedent of the Board.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 SCOTT WILLIAM DAVIS                                                     
                                                        ____________                                                          
                                                    Appeal No. 2005-0682                                                      
                                                 Application No. 10/064,682                                                   
                                                        ____________                                                          
                                                          ON BRIEF                                                            
                                                        ____________                                                          
              Before FRANKFORT, NASE, and BAHR, Administrative Patent Judges.                                                 
              NASE, Administrative Patent Judge.                                                                              



                                                   DECISION ON APPEAL                                                         
                      This is an appeal from the final rejection (mailed January 28, 2004) of claims 1 to                     
              26, which are all of the claims pending in this application.  In the brief (filed July 1,                       
              2004), the appellant waived the appeal with respect to claims 1 to 10.  Accordingly, the                        
              appeal is dismissed with respect to claims 1 to 10.  Claims 11 to 26 remain on appeal.                          


                      We REVERSE.                                                                                             






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