Ex Parte Ashkenazi - 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                                      is not binding precedent of the Board.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 AVI J. ASHKENAZI                                                    
                                                   ____________                                                        
                                                 Appeal 2007-0866                                                      
                                              Application 09/993,2341                                                  
                                              Technology Center 1600                                                   
                                                   ____________                                                        
                                             Decided: August 27, 2007                                                  
                                                   ____________                                                        

                 Before DONALD E. ADAMS, DEMETRA J. MILLS, and RICHARD M.                                              
                 LEBOVITZ, Administrative Patent Judges.                                                               
                 ADAMS, Administrative Patent Judge.                                                                   

                                             DECISION ON APPEAL                                                        
                        This appeal under 35 U.S.C. § 134 involves claims 34 and 36-39, the                            
                 only claims pending in this application.  We have jurisdiction under                                  
                 35 U.S.C. § 6(b).                                                                                     
                                                                                                                      
                 1 We recognize Appellant’s reference to Interference No. 105,438 which                                
                 involved Appellant’s Parent Application No. 08/828,683, Patent No.                                    
                 6,469,144.  We note that a final judgement adverse to all of the claims in                            
                 Appellant’s patent was entered September 26, 2006.                                                    



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