Ex Parte Boyer 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                         for publication and is not binding precedent of the Board.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 DAVID CHRIS BOYER,                                             
                               MELVIN D. KISER, and STEPHEN E. SEE                                          
                                             ______________                                                 
                                            Appeal 2006-1080                                                
                                          Application 10/109,343                                            
                                         Technology Center 1700                                             
                                            _______________                                                 
                                       Decided:  September 28, 2006                                         
                                            _______________                                                 
               Before KIMLIN, WARREN, and GAUDETTE, Administrative Patent                                   
               Judges.                                                                                      
               WARREN, Administrative Patent Judge.                                                         

                                         DECISION ON APPEAL                                                 
                      This is an appeal under 35 U.S.C. § 134 from the decision of the                      
               Examiner finally rejecting claims 1 through 5 and 22, all of the claims in the               
               application.1                                                                                
                                                                                                           
               1  Contrary to Appellants’ statement re “Status of Claims” in the Substitute                 
               Brief filed August 23, 2005, which we consider, claims 6 through 21 have                     
               been canceled.  See amendment filed February 7, 2005 (amendment 2-3).                        
                                                     1                                                      


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