Ex Parte Spears 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                                 publication and is not binding precedent of the Board.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  KURT E. SPEARS and RODNEY C. HARRIS                                         
                                                 _______________                                                     
                                               Appeal No. 2006-2572                                                  
                                             Application No. 10/437,569                                              
                                                 _______________                                                     
                                                    ON BRIEF                                                         
                                                 _______________                                                     

               Before RUGGIERO, DIXON and SAADAT, Administrative Patent Judges.                                      
               DIXON, Administrative Patent Judge.                                                                   


                                                 DECISION ON APPEAL                                                  
                      This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection         
               of claims 1, 2, and 4-15, which are all of the claims pending in this application.  The               
               examiner has withdrawn the rejection of claims 10-15 in the Answer at page 3.  Therefore,             
               the rejection of claims 1, 2, and 4-9 remain for our review.                                          

               We AFFIRM.                                                                                            









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