Ex Parte 5555478 et al - Page 1




                                        THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                  
                               The opinion in support of the decision entered today (1) was not written for                           
                               publication in a law journal and (2) is not binding precedent of the Board.                            
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                     __________________                                                               
                                       BEFORE THE BOARD OF PATENT APPEALS                                                             
                                                    AND INTERFERENCES                                                                 
                                                     __________________                                                               
                                                Ex parte JOSEPH ZELIKOVITZ                                                            
                                                                                                                                     
                                                     Appeal No. 2006-0697                                                             
                                            Reexamination Control No. 90/006,402                                                      
                                                     Patent No. 5,555,4781                                                            
                                                                                                                                     
                                                    HEARD March 20, 2006                                                              
                                                                                                                                     
               Before LEE, HANLON and LANE, Administrative Patent Judges.                                                             
               LEE, Administrative Patent Judge.                                                                                      
                                                    DECISION ON APPEAL                                                                
                       This is a decision on appeal under 35 U.S.C. § 134 and § 306 from the                                          
               examiner’s rejection of the patentee’s claims 1-20 in the patent  reexamination                                        
               proceeding.                                                                                                            
                                           References relied on by the Examiner                                                       
               Chan et al. (Chan)  5,351,146   September 27, 1994                                                                     
               Smith et al. (Smith)  5,559,625   September 24, 1996                                                                   
               Bales    5,386,466   January 31, 1995                                                                                  

                                                                                                                                     
                       1 Issued September 10, 1996,  and based on application filed June 7, 1995.  Request for                        
               reexamination filed October 4, 2002.  The real party in interest is Red River Optic Corporation, Inc.                  






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