Ex Parte Lilburn - 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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.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 ANDREW LILBURN                                                            
                                                         ______________                                                              
                                                      Appeal No. 2005-1766                                                           
                                                      Application 10/050,167                                                         
                                                        _______________                                                              
                                                  HEARD: September 15, 2005                                                          
                                                        _______________                                                              
               Before  GARRIS, WARREN and TIMM, Administrative Patent Judges.                                                        
               WARREN, Administrative Patent Judge.                                                                                  
                                                 Decision on Appeal and Opinion                                                      
                       We have carefully considered the record in this appeal under 35 U.S.C.  134, including                       
               the opposing views of the examiner, in the answer, and appellant, in the brief and reply brief, and                   
               based on our review, find that we cannot sustain the grounds of rejection advanced on appeal:                         
               appealed claims 1 through 6, 18 and 31 under 35 U.S.C.  103(a) as being unpatentable over                            
               Lilburn (answer, page 3);  appealed claims 7 through 17, 19 through 30 and 32 under 35 U.S.C.                         
                103(a) as being unpatentable over Lilburn as applied to claim 1, and further in view of Lewis,                      
               with or without Justus and Ely, Sr. (answer, pages 3-4);  and appealed claim 33 under 35 U.S.C.                       
                103(a) as being unpatentable over Lilburn as applied to claim 1, and further in view of Bossen                      
               (answer, page 4).1,                                                                                                   

                                                                                                                                    
               1  Appealed claims 1 through 33 are all of the claims in the application upon entry of the                            
               amendment filed May 3, 2004 (see answer, page 2). See the appendix to the brief.                                      

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