Ex Parte Dunman - 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                          for publication and is not binding precedent of the Board.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 JAMES DUNMAN                                                  
                                                ____________                                                    
                                              Appeal 2007-0293                                                  
                                           Application 10/630,982                                               
                                           Technology Center 1700                                               
                                                ____________                                                    
                                         Decided:  February 28, 2007                                            
                                                ____________                                                    
                Before CHUNG K. PAK, THOMAS A. WALTZ, and                                                       
                LINDA M. GAUDETTE, Administrative Patent Judges.                                                
                WALTZ, Administrative Patent Judge.                                                             

                                          DECISION ON APPEAL                                                    
                       This is a decision on an appeal from the Primary Examiner’s non-final                    
                rejection of claims 1 through 11 and 13 through 20, which are the only                          
                claims pending in this application (see the Office action dated Nov. 21,                        
                2005).  Although the Examiner’s rejection was not made final, we have                           
                jurisdiction since the claims have been twice examined and rejected.  See                       
                Ex parte Lemoine, 46 USPQ2d 1420, 1423 (Bd. Pat. App. & Int. 1998);                             
                35 U.S.C. § 134 (2002).                                                                         





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