Ex Parte O - Page 1




                              The opinion in support of the decision being entered today                
                                       was not written for publication in                               
                                    and is not binding precedent of the Board.                          


                          UNITED STATES PATENT AND TRADEMARK OFFICE                                     
                                             ___________                                                
                              BEFORE THE BOARD OF PATENT APPEALS                                        
                                        AND INTERFERENCES                                               
                                             ___________                                                
                                     Ex parte  PETER T. O’HEERON                                        
                                             ___________                                                
                                         Appeal No. 2006-1603                                           
                                       Application No. 10/646,675                                       
                                             ___________                                                
                                               ON BRIEF                                                 
                                             ___________                                                



            Before FRANKFORT, OWENS and FETTING, Administrative Patent Judges.                          
            FETTING, 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  8, 9 and 18, which are all of the claims pending and under             
            consideration in this application.  Claims 15-17 have been restricted by the examiner,      
            but have not been cancelled.                                                                

            We AFFIRM IN PART, ADD A NEW GROUND OF REJECTION, AND REMAND.                               



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