Ex Parte Smith - 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                                     is not binding precedent of the Board.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 Robert E. Smith III                                       
                                               _____________                                                
                                            Appeal No. 2006-2450                                            
                                          Application No. 10/211,828                                        
                                           Technology Center 3700                                           
                                              ______________                                                
                                          HEARD October 18, 2006                                            
                                              _______________                                               
               Before GROSS, LEVY, and NAPPI, Administrative Patent Judges.                                 
               NAPPI, Administrative Patent Judge.                                                          
                                                                                                           
                                          DECISION ON APPEAL                                                

                      This is a decision on appeal under 35 U.S.C. § 134 of the final rejection of claims   
               1 through 3, 5 through 7, 9 through 11, 13, 14, 16, 17, 19 through 21 and 23.  Claims 4, 8,  
               12, 15, 18 and 22 have been canceled.   For the reasons stated infra we will not sustain     
               the examiner’s rejection of claims 1 through 3, 5 through 7, 9 through 11, 13, 14, 16, 17,   
               19 through 21 and 23.                                                                        












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