Ex Parte Russell - 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                         for publication and is not binding precedent of the Board.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 PAUL GRADY RUSSELL                                              
                                               ____________                                                  
                                             Appeal 2006-3333                                                
                                          Application 10/324,601                                             
                                          Technology Center 3700                                             
                                               ____________                                                  
                                         Decided: March 27, 2007                                             
                                               ____________                                                  
                Before EDWARD C. KIMLIN, BRADLEY R. GARRIS, and                                              
                LINDA M. GAUDETTE, Administrative Patent Judges.                                             
                GARRIS, Administrative Patent Judge.                                                         

                                         DECISION ON APPEAL                                                  
                      Appellant appeals the final rejection of claims 1, 9, 10, 13-18, 24-32,                
                and 35-40 under 35 U.S.C. § 134.1  We have jurisdiction over the appeal                      
                pursuant to 35 U.S.C. § 6(b).                                                                
                   We AFFIRM-IN-PART.                                                                        
                                                                                                            
                1 On pages 22-23 of the Brief, Appellant discusses the claims objected to and                
                the claims withdrawn by restriction.  Appellant has not asked the Board to                   
                act with regard to these claims.  Nevertheless, the matters concerning these                 
                claims, objection and restriction, are petitionable, not appealable matters.                 



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