Ex Parte Verbil 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         not written for publication and is not binding precedent of the            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 JOHN M. VERBIL, MARTIN R. MARKS, R. ERIC PFLUM,              
                      WILLIAM C. CATELLIER, and ROBERTO YSLAS                       
                                    __________                                      
                                Appeal No. 2006-3280                                
                             Application No. 09/874,152                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before JERRY SMITH, HOMERE, and LUCAS, Administrative Patent               
         Judges.                                                                    
         HOMERE, Administrative Patent Judge.                                       


                                 DECISION ON APPEAL                                 
              This is a decision on appeal under 35 U.S.C. § 134 from the           
         final rejection of claims 1, 4 through 10, 21 through 28, all of           
         which are pending in this application. Claims 2 and 3 have been            
         canceled by Appellants.                                                    
              We reverse.                                                           








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