Ex Parte Jackson 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           written for publication and is not binding precedent of the Board.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 DELWIN JACKSON and LELAND G. CLOSE                      
                                    _____________                                     
                                Appeal No. 2005-1438                                  
                             Application No. 10/027,433                               
                                   ______________                                     
                                     ON BRIEF                                         
                                   _______________                                    
          Before PAK, DELMENDO and JEFFREY T. SMITH, Administrative Patent            
          Judges.                                                                     
          PAK, Administrative Patent Judge.                                           
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134 from             
          the examiner’s refusal to allow claims 1 through 5, 8 and                   
          13 through 17, which are all of the claims pending in the above-            
          identified application.                                                     
               According to appellants (Brief, page 3), “all of the claims            
          stand together.”  Therefore, for purposes of this appeal, we                
          select claim 1 from all of the claims on appeal and decide the              

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