Ex Parte Lu 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                today was not written for publication and is not binding                                                                       
                         precedent of the Board                                                                                                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 PANG-CHIA LU, ROBERT M. SHEPPARD,                                                               
                                          DONALD J. BURNS, ROBERT A. MIGLIORINI,                                                               
                                      SAL J. PELLINGRA, KAREN ANN SHEPPARD and                                                                 
                                                       ROBERT GUTHRIE PEET                                                                     
                                                            ______________                                                                     
                                                  Appeal No. 2006-0715                                                                         
                                                       Application 09/757,175                                                                  
                                                           _______________                                                                     
                                                                ON BRIEF                                                                       
                                                           _______________                                                                     
                Before GARRIS, WALTZ, and FRANKLIN, Administrative Patent Judges.                                                              
                WALTZ, Administrative Patent Judge.                                                                                            

                                                          DECISION ON APPEAL                                                                   
                         This is a decision on an appeal from the primary examiner’s final rejection of                                        
                claims 1, 3 through 5, 29,1 31 through 36 and 38.  The only other claims pending in this                                       
                application are claims 8 through 27 and 37, which stand withdrawn from consideration                                           
                                                                                                                                              
                         1We note that claim 29 is an improper dependent claim since it depends on                                             
                previously canceled claim 2.  Upon the return of this application to the jurisdiction of the                                   
                examiner, the examiner and appellants should correct this claim dependency.                                                    






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