Ex Parte GAUBERT - 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                                    for publication and is not binding precedent of the Board.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 GUY GAUBERT                                                    
                                                     ____________                                                      

                                                 Appeal No. 2005-2705                                                  
                                              Application No. 08/978,055                                               
                                                     ____________                                                      

                                            HEARD: DECEMBER 13, 2005                                                   
                                                     ____________                                                      

              Before FRANKFORT, NASE 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 1-4, 12,               

              13, 19 and 21-24, which are all of the claims pending in this application.1                              



                                                   BACKGROUND                                                          


                                                                                                                      
                     1 Claim 21 was amended subsequent to the final rejection (see amendment filed May 13, 2004) to    
              correct a minor informality.  Although the advisory action mailed May 24, 2004 does not indicate whether 
              this amendment was entered, the examiner's agreement on page 2 of the answer (mailed October 20,         
              2004) with the appellant's statement on page 2 of the brief (filed July 28, 2004) that the amendment has 
              been entered indicates the examiner's approval of entry of the amendment.                                







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