Ex Parte Evans - 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                                 for publication and is not binding precedent of the Board.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 DARIN EVANS                                                                 
                                               ____________                                                                     
                                            Appeal No. 2005-2211                                                                
                                          Application No. 10/715,002                                                            
                                               ____________                                                                     
                                                 ON BRIEF                                                                       
                                               ____________                                                                     
            Before FRANKFORT, McQUADE, and BAHR, Administrative Patent Judges.                                                  
            BAHR, Administrative Patent Judge.                                                                                  



                                          DECISION ON APPEAL                                                                    
                  This is a decision on appeal from the examiner's final rejection of claims 1-26 and                           
            28-31.  Claims 16, 26 and 27-31 were amended subsequent to the final rejection in an                                
            amendment filed April 22, 2004.  The appellant originally appealed from the examiner's                              
            rejections of claims 1-31.  On page 4 of the answer, however, the examiner withdrew                                 
            the rejection of claim 27 under 35 U.S.C. § 112, second paragraph.  Inasmuch as there                               
            is no other standing rejection of claim 27, this appeal involves only claims 1-26 and 28-                           
            31.                                                                                                                 
















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