Ex Parte Ensign 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                                    for publication and is not binding precedent of the Board.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 THOMAS C. ENSIGN, JR., JOSEPH P.E. VELASQUEZ,                                      
                                                and JERRY L. HARDY                                                    
                                                    ____________                                                      
                                                Appeal No. 2006-0059                                                  
                                              Application No. 10/139,397                                              
                                                    ____________                                                      
                                             HEARD: December 15, 2005                                                 
                                                    ____________                                                      


               Before GARRIS, WALTZ, and JEFFREY T. SMITH, Administrative Patent Judges.                              
               JEFFREY T. SMITH, Administrative Patent Judge.                                                         


                                                DECISION ON APPEAL                                                    
                    This is a decision on appeal from the examiner's final rejection of claims 28-41,                 
             43, 44, 47-51, 77, 78, and 80.  According to the Examiner, Answer page 2,  the subject                   
             matter of claims 1-27 is allowable, and the subject matter of claims 42, 45, 46, and 79 is               
             allowable but, these claims are objected to as being dependent upon a rejected base                      
             claim.  Claims 52-76 have been canceled.  We have jurisdiction under 35 U.S.C.  §                        
             134.                                                                                                     






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