Ex Parte Frank 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                     written for publication and is not binding precedent of the Board.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, MARK D. FRANK, JERIMY NELSON, and NATHAN                                     
                                               BERTRAND                                                     
                                               __________                                                   
                                            Appeal 2006-3123                                                
                                          Application 10/368,789                                            
                                         Technology Center 2800                                             
                                               __________                                                   
                                       Decided: February 16, 2007                                           
                                               __________                                                   
               Before JAMES D. THOMAS, MAHSHID D. SAADAT, and                                               
               ALLEN R. MACDONALD, Administrative Patent Judges.                                            
               MACDONALD, Administrative Patent Judge.                                                      


                                         DECISION ON APPEAL                                                 
               This is a decision on the appeal under 35 U.S.C. § 134 from the                              
               Examiner’s rejection of claims 1-6, 8-10, 16, 17, and 19-21.  We note that                   
               the Examiner has indicated that claims 11-14 and 18 stand objected to and                    
               would be allowable if rewritten in independent form including all the                        




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