Ex Parte BALABAN 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                                 for publication and is not binding precedent of the Board.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  DAVID J. BALABAN, ELINA KHURGIN,                                
                                    DEREK H. BERNHART, JOHN SOWATSKY,                                       
                                      ARUN AGGARWAL, and LUIS JEVONS                                        
                                                ___________                                                 
                                            Appeal No. 2006-3105                                            
                                          Application No. 09/397,494                                        
                                          Technology Center 2800                                            
                                                ___________                                                 
                                                 ON BRIEF                                                   
                                                ___________                                                 
               Before KRASS, RUGGIERO, AND DIXON, 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 26-32, and 34-58 which are all of the claims pending in this             
               application.  Claims 1-25 and 33 have been canceled.                                         


                      We AFFIRM.                                                                            












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