Ex Parte Payne 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              written for publication and is not binding precedent of the Board.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 DAVID M. PAYNE and C. TROY JENSEN                                   
                                           _____________                                               
                                       Appeal No. 2005-1957                                            
                                   Application No. 10/000,976                                          
                                           ______________                                              
                                              ON BRIEF                                                 
                                          _______________                                              
            Before WALTZ, KRATZ and JEFFREY T. SMITH, 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 1, 6, 10 and 15 as amended subsequent to                           
            the final rejection (see the amendment dated May 7, 2004, entered                          
            as per the Advisory Action dated July 1, 2004).  Claims 1, 6,                              
            10 and 15 are the only claims pending in this application.  We                             
            have jurisdiction pursuant to 35 U.S.C. § 134.                                             





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