Ex Parte Schmidt - 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                           for publication and is not binding precedent of the Board.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 STEPHEN R. SCHMIDT                                            
                                                ____________                                                 
                                              Appeal 2005-2349                                               
                                           Application. 09/961,126                                           
                                           Technology Center 1700                                            
                                                 __________                                                  

                                        Decided:  September 12, 2006                                         
                                                ____________                                                 
                Before TIMM, JEFFREY T. SMITH, and FRANKLIN, Administrative Patent                           
                Judges.                                                                                      
                TIMM, Administrative Patent Judge.  Dissenting opinion by JEFFREY T.                         
                SMITH, Administrative Patent Judge                                                           


                                              DECISION ON APPEAL                                             
                This appeal involves claims 10, 11, 16, 17, and 35, which are all the                        
                claims pending in the application.  We have jurisdiction over the appeal                     
                pursuant to 35 U.S.C. § 134.                                                                 








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