Ex Parte Cannell et al - Page 1



                         The opinion in support of the decision being entered today                            
                                    is not binding precedent of the Board.                                     
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                 __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                 
                                         AND INTERFERENCES                                                     
                                                 __________                                                    
                         Ex parte DAVID W. CANNELL, HITENDRA MATHUR,                                           
                                         and NGHI VAN NGUYEN                                                   
                                                 __________                                                    
                                              Appeal 2006-3047                                                 
                                           Application 09/820,934                                              
                                          Technology Center 1600                                               
                                                 __________                                                    
                                        DECIDED:  August 20, 2007                                              
                                                 __________                                                    
                Before TONI R. SCHEINER, DEMETRA J. MILLS, and NANCY J. LINCK,                                 
                Administrative Patent Judges.                                                                  
                SCHEINER, Administrative Patent Judge.                                                         

                                          DECISION ON APPEAL                                                   
                      Appellants appeal under 35 U.S.C. § 134 from a final rejection of                        
                claims 1-9, 13-19, 33-42, and 56-59.1  We have jurisdiction under 35 U.S.C.                    
                § 6(b).  We affirm.                                                                            
                                                                                                              
                1 The rejection of claims 29-32 and 43-55 under 35 U.S.C. § 103(a) has been                    
                withdrawn, and the claims are merely objected to (Answer 2).  The rejection                    
                of claims 1-9, 13-19, and 29-59 on the grounds of obviousness-type double                      
                patenting has also been withdrawn (id.).                                                       



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