Ex Parte Uthe - Page 1



                 The opinion in support of the decision being entered today was not written                   
                        for publication in and is not binding precedent of the Board.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 THOMAS UTHE                                               
                                                ___________                                                   
                                             Appeal 2006-3172                                                 
                                           Application 10/420,685                                             
                                          Technology Center 3600                                              
                                                ___________                                                   
                                         Decided: January 26, 2007                                            
                                                ___________                                                   
            Before ANITA PELLMAN GROSS, STUART S. LEVY and ANTON W.                                           
            FETTING, Administrative Patent Judges.                                                            
            ANTON W. FETTING, Administrative Patent Judge.                                                    
                                         DECISION ON APPEAL                                                   
                This appeal involves claims 1-9 and 11-22, claims 10 and 23 having been                       
            indicated as containing allowable subject matter by the examiner.  Claims 1-23 are                
            the only claims pending in this application.  We have jurisdiction over the appeal                
            pursuant to 35 U.S.C. § 134.                                                                      

                We  REVERSE and ENTER A NEW GROUND OF REJECTION                                               
            PURSUANT TO 37 CFR § 41.50(b).                                                                    







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