Ex Parte Daskal - 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                                   is not binding precedent of the Board.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 BERNARD DASKAL                                                
                                               ____________                                                  
                                             Appeal 2007-0137                                                
                                          Application 09/489,655                                             
                                          Technology Center 3700                                             
                                               ____________                                                  
                                       Decided: September 19, 2007                                           
                                               ____________                                                  


                Before JENNIFER D. BAHR, LINDA E. HORNER, and                                                
                ANTON W. FETTING, Administrative Patent Judges.                                              
                BAHR, Administrative Patent Judge.                                                           

                              ORDER REMANDING TO THE EXAMINER                                                

                      Bernard Daskal (Appellant) appeals under 35 U.S.C. § 134 from the                      
                Examiner’s decision rejecting claims 1 and 5-7, the only pending claims.                     
                Claims 1 and 5-7 stand rejected under 35 U.S.C. § 103(a) as unpatentable                     
                over Datta (US 4,801,494, issued January 31, 1989) and as unpatentable                       





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