Ex Parte Athey 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                        written for publication and is not binding precedent of the Board.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 PATRICIA RUZAKOWSKI and LUKE A. KUTILEK                                                 
                                                 ________________                                                        
                                                  Appeal 2006-2511                                                       
                                               Application 10/693,463                                                    
                                              Technology Center 1700                                                     
                                                 ________________                                                        
                                           Decided:  September 20, 2006                                                  
                                                 ________________                                                        
                 Before WALTZ, TIMM, and JEFFREY T. SMITH, Administrative Patent                                         
                 Judges.                                                                                                 
                 JEFFREY T. SMITH, Administrative Patent Judge.                                                          


                                              DECISION ON APPEAL                                                         
                        This is a decision on appeal from the Examiner's final rejection of                              
                 claims 1 and 3.  Claims 4 to 10 have been withdrawn from consideration.                                 
                 (Br. 2).  We have jurisdiction under 35 U.S.C. § 134.                                                   
                        We REVERSE.                                                                                      


                                                                                                                        




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