Ex Parte Thompson 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                           for publication and is not binding precedent of the Board.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 ROBERT E. THOMPSON, JOSHUA J. KIMMEL,                                           
                              BRIAN POPOVITS, and PHUONG T. NGUYEN                                                
                                                 ____________                                                     
                                             Appeal No. 2006-1430                                                 
                                          Application No. 10/005,484                                              
                                            Technology Center 3700                                                
                                                 ____________                                                     
                Before TERRY J. OWENS, ANITA PELLMAN GROSS, and JENNIFER                                          
                D. BAHR, Administrative Patent Judges.                                                            
                BAHR, Administrative Patent Judge.                                                                

                                              DECISION ON APPEAL                                                  
                       Robert E. Thompson et al. (Appellants) appeal under 35 U.S.C. § 134                        
                from the Examiner’s decision rejecting claims 23-25, 29-38, 42, 44-47, and                        
                50-59.  Claims 1-22, 26-28, 39-41, 48, and 49 have been canceled.  Claim 43                       
                is still pending but has not been rejected1 and thus is not involved in this                      
                appeal.  We have jurisdiction over this appeal under 35 U.S.C. § 6.                               
                We AFFIRM.                                                                                        
                                                                                                                 
                1 Although the Final Rejection (mailed May 26, 2004) states on page 1 that                        
                claim 43 is rejected, there is no rejection of claim 43 in the Final Rejection.                   



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