The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 BRET A. FERREE ____________ Appeal No. 2006-1916 Application No. 10/438,604 Technology Center 3700 ____________ ON BRIEF ____________ Before OWENS, 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 1-4 and 6-9. Claims 2 and 3 were amended subsequent to the final rejection to overcome the rejection of these claims under 35 U.S.C. § 112, second paragraph, and claim 5 has been canceled. We REVERSE and enter a new ground of rejection. 1Page: 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007