Ex Parte Smith 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               today was not written for publication and is not binding               
               precedent of the Board.                                                

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                        Ex parte DENNIS W. SMITH, JOHN BALLATO,                       
                       STEPHEN FOULGER and SURESH KUMAR MANTHATI                      
                                     ____________                                     
                                 Appeal No. 2005-0711                                 
                              Application No. 09/943,644                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before PAK, WALTZ, and TIMM, Administrative Patent Judges.                  
          WALTZ, Administrative Patent Judge.                                         

                                   DECISION ON APPEAL                                 
               This is a decision on an appeal from the primary examiner’s            
          refusal to allow claims 16, 18, 19, 22 through 26, 28, 29 and 36            
          through 44 as amended subsequent to the final rejection (see the            
          amendments dated June 25, 2003, and Sep. 25, 2003, with the                 
          respective Advisory Actions dated July 8, 2003, and Oct. 9, 2003;           
          see also the Answer, page 3, ¶(4)).  No other claims are pending            
          in this application.  We have jurisdiction pursuant to 35 U.S.C.            
          § 134.                                                                      






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