Ex Parte McGrath 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                                    for publication and is not binding precedent of the Board.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 DEBORAH McGRATH and YVONNE GOLDMAN                                                      
                                                        ____________                                                             
                                                    Appeal No. 2006-1670                                                         
                                                  Application No. 10/336,729                                                     
                                                   Technology Center 3600                                                        
                                                        ____________                                                             
                                                     Heard: July 11, 2006                                                        
                                                        ____________                                                             
               Before FRANKFORT, BAHR and FETTING, Administrative Patent Judges.                                                 
               BAHR, Administrative Patent Judge.                                                                                


                                                   DECISION ON APPEAL                                                            
                      This is a decision on appeal from the examiner's rejection of claims 1-3, 5, 8-21, 23-25                   
               and 27-52.  Claims 4, 6, 7, 22 and 26 stand objected to as depending from a rejected claim but                    
               are otherwise indicated as allowable by the examiner.  As indicated on page 2 of the answer                       
               (mailed September 12, 2005), the amendment submitted with the brief (filed May 24, 2005) has                      
               been entered, thereby overcoming the rejection of claim 48 under the second paragraph of 35                       
               U.S.C. § 112.                                                                                                     
               We AFFIRM-IN-PART.                                                                                                










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