Ex Parte Darby - 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                                  for publication and is not binding precedent of the Board.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 H. DARREL DARBY                                               
                                                 ____________                                                    
                                             Appeal No. 2006-1408                                                
                                           Application No. 10/019,669                                            
                                                 ____________                                                    
                                             HEARD:  June 6, 2003                                                
                                                 ____________                                                    
             Before FRANKFORT, CRAWFORD and BAHR, Administrative Patent Judges.                                  
             BAHR, Administrative Patent Judge.                                                                  

                                            DECISION ON APPEAL                                                   
                   This is a decision on appeal from the examiner's rejection of claims 1, 2, 4, 5, 7,           
             8, 10, 11, 31, 32, 41 and 42.  Claims 3, 6, 9, 12-30 and 35-40 stand allowed and claims             
             33 and 34 stand withdrawn from consideration.                                                       
             We REVERSE.                                                                                         














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