Ex Parte Nuttall - 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                today was not written for publication and is not                           
                binding precedent of the Board.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 FRANCOIS - XAVIER NUTTALL                              
                                    ________________                                       
                                  Appeal No. 2005-0788                                     
                                 Application 09/757,951                                    
                                    ________________                                       
                                         ON BRIEF                                          
                                    ________________                                       
          Before JERRY SMITH, SAADAT and MacDONALD, 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 9-13, 17-21, 24-30 and                   
          34-37.  Claims 14-16, 22, 23, 31-33, 38 and 39 have been                         
          indicated to contain allowable subject matter by the examiner.                   
          Claims 40-43 stand withdrawn from consideration as being directed                
          to a nonelected invention.                                                       

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