Ex Parte Sosalla 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                                         today was not written for publication and is not binding                                                               
                                         precedent of the Board.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 GERALD KEITH SOSALLA                                                                            
                                               JOHN DAVID AMUNDSON and ANDREW KUO                                                                               
                                                                     ______________                                                                             
                                                                 Appeal No. 2006-0130                                                                           
                                                                 Application 10/161,166                                                                         
                                                                    _______________                                                                             
                                                                        ON BRIEF                                                                                
                                                                    _______________                                                                             
                  Before WARREN, KRATZ and TIMM, Administrative Patent Judges.                                                                                  
                  WARREN, Administrative Patent Judge.                                                                                                          
                                                           Decision on Appeal and Opinion                                                                       
                            We have carefully considered the record in this appeal under 35 U.S.C. § 134, and based                                             
                  on our review, find that we cannot sustain the grounds of rejection advanced on appeal:  claims                                               
                  10, 13, 14, 16 through 18, 21, 22 and 24 through 26 stand rejected under 35 U.S.C. § 103(a) as                                                
                  being unpatentable over Clancy in view of Craig et al. (Craig) (final action mailed June 15,                                                  
                  2004 (final action), pages 2-4);  and claims 11 and 19 stand rejected under 35 U.S.C. § 103(a) as                                             
                  being unpatentable over Clancy in view of Craig, further in view of Mertens (final action, page                                               
                  5).1,2                                                                                                                                        

                                                                                                                                                               
                  1  Claims 10, 11, 13, 14, 16 through 19, 21, 22 and 24 through 26 are all of the claims in the                                                
                  application. See the appendix to the brief.                                                                                                   
                  2  The examiner states that the grounds of rejection are as set forth in the final action (answer,                                            
                  page 3).                                                                                                                                      

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