Ex Parte McPherson - 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                                        for publication and is not binding precedent of the Board.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 MATHEW MCPHERSON                                                            
                                                           ____________                                                              
                                                       Appeal No. 2006-1834                                                          
                                                    Application No. 09/852,253                                                       
                                                           ____________                                                              
                                                             ON BRIEF                                                                
                                                           ____________                                                              
               Before JERRY SMITH, RUGGIERO, and HOMERE, Administrative Patent Judges.                                               
               RUGGIERO, Administrative Patent Judge.                                                                                



                                                      DECISION ON APPEAL                                                             
                       This is a decision on the appeal from the final rejection of claims 1, 2, 4-23, and  25-                      
               27, which are all of the claims pending in this application.  Claims 3 and 24 have been                               
               canceled.  As indicated at pages 8 and 9 of the Answer, the Examiner has withdrawn the                                
               obviousness-type double patenting rejection of claims 1, 4-6, 9-23, and 25-27.                                        
               Accordingly, only the Examiner’s 35 U.S.C. § 103(a) rejection of claims 1, 2, 7, 8, 20-23,                            
               and 25-27 is before us on appeal.                                                                                     








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