Ex Parte 5883480 et al - Page 1




                                     The opinion in support of the decision being entered today                                  
                                              is not binding precedent of the Board.                                             


                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                     ________________                                                            
                                      BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                   AND INTERFERENCES                                                             
                                                     ________________                                                            
                              Ex parte DOUGLAS R. DOMEL and WINSTON G. WALKER                                                    
                                                     ________________                                                            
                                                   Appeal No. 2006-07421                                                         
                                          Reexamination Control No. 90/006,0132                                                  
                                                     ________________                                                            
                                                          ON BRIEF                                                               
                                                     ________________                                                            

                  Before:  SPIEGEL, DELMENDO and TIERNEY, Administrative Patent Judges.                                          
                  SPIEGEL, Administrative Patent Judge.                                                                          

                                                  DECISION ON APPEAL                                                             
                          This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                                 
                  final rejection of claims 17, 18, 21, 27, 28, 30 and 48.  The patentability of claims                          
                  1, 2, 5-16, 19, 20, 22-26, 29, 31 and 33-47 has been confirmed.  Claims 3, 4 and                               
                  32 have been cancelled.                                                                                        
                          We affirm-in-part.                                                                                     

                                                                                                                                 
                  1 The application on appeal was received at the Board on 01 September 2005.                                    
                  2 Application for patent filed 18 May 2001 as an ex parte re-exam of U.S. Patent No. 5,883,480                 
                  issued from application 09/014,514, filed 28 January 1998, which is a continuation of application              
                  08/923,812, now U.S. Patent No. 6,060,852, which is a continuation-in-part of application                      
                  08/559,467, filed 15 November 1995, now U.S. Patent No. 5,698,958.  The real party-in-interest                 
                  is Harmonic Design, Inc.                                                                                       





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