Ex Parte Dando - 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                                      is not binding precedent of the Board.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 THOMAS E. DANDO                                                     
                                                ________________                                                      
                                                Appeal 2007-0086                                                      
                                              Application 10/845,785                                                  
                                             Technology Center 1700                                                   
                                                ________________                                                      
                                              Decided:  July 13, 2007                                                 
                                                ________________                                                      
                 Before EDWARD C. KIMLIN, BRADLEY R. GARRIS, and                                                      
                 LINDA M. GAUDETTE, Administrative Patent Judges.                                                     
                 GARRIS, Administrative Patent Judge.                                                                 

                                            DECISION ON APPEAL                                                        
                        This is a decision on an appeal under 35 U.S.C. § 134 from the final                          
                 rejection of claims 1-40.1  We have jurisdiction under 35 U.S.C. § 6.                                
                                                                                                                     
                 1 As correctly pointed out by the Examiner (Answer 2), the Appellant’s                               
                 discussion in the Brief of objections to the Specification and certain claims                        
                 relates to a petitionable rather than appealable matter.  See Manual of                              
                 Patenting Examining Procedure (MPEP) § 1201 (8th ed., Rev. 3, Aug.                                   
                 2005).  Accordingly, this matter will not be addressed in the opinion which                          
                 follows.                                                                                             
                                                                                                                     



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