The opinion in support of the decision being entered today is not binding precedent of the Board.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 MICHAEL DEAN MCCUTCHAN __________ Appeal No. 2006-0930 Application No. 09/905,540 ___________ ON BRIEF ___________ Before HANLON, DELMENDO, and GAUDETTE, Administrative Patent Judges. DELMENDO, Administrative Patent Judge. DECISION ON APPEAL UNDER 35 U.S.C. § 134 This is a decision on an appeal under 35 U.S.C. § 134 (2004) from the examiner’s rejection of claims 1, 3, 5, 6, and 17 through 20 (Office action mailed January 7, 2005), which are all of the claims pending in the above-identified application. Because the examiner has made out a prima facie case of obviousness with respect to the appealed claims and since the appellant has failed to direct us to persuasivePage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007