Ex Parte Gardner 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                         for publication and is not binding precedent of the Board.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 RICHARD LYNN GARDNER JR.                                            
                                               ____________                                                  
                                             Appeal 2006-2462                                                
                                          Application 09/790,856                                             
                                          Technology Center 2600                                             
                                               ____________                                                  
                                         Decided: February 6, 2007                                           
                                               ____________                                                  

                Before JAMES D. THOMAS, KENNETH W. HAIRSTON, and ALLEN R.                                    
                MacDONALD,  Administrative Patent Judges.                                                    
                THOMAS, Administrative Patent Judge.                                                         


                                         DECISION ON APPEAL                                                  
                      Pursuant to 35 U.S.C. § 134, Appellant has appealed to the Board                       
                from the Examiner’s Final Rejection of claims 1 through 3, 5, 6, 8, 9, 11                    
                through 15, 18 through 21, 30 through 33, 36 and 52 through 57.  Pages 2                     
                and 3 of the Answer indicate that the Examiner has withdrawn the rejection                   
                as to certain other claims originally on appeal.                                             





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