Ex Parte Grant - 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                          for publication and is not binding precedent of the Board.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 DAVID ALLEN GRANT                                               
                                              _____________                                                   
                                             Appeal 2007-1478                                                 
                                           Application 10/359,861                                             
                                          Technology Center 2800                                              
                                              ______________                                                  
                                           Decided: July 3, 2007                                              
                                             _______________                                                  
                Before JOHN C. MARTIN, Administrative Patent Judge, FRED E.                                   
                McKELVEY, Senior Administrative Patent Judge, and ROBERT E. NAPPI,                            
                Administrative Patent Judge.                                                                  
                NAPPI, Administrative Patent Judge.                                                           
                                                                                                             
                                         DECISION ON APPEAL                                                   
                      This is a decision on appeal under 35 U.S.C. § 134(a) of the Final                      
                Rejection of claims 2 and 3.   Claim 1 has been canceled.  We have                            
                jurisdiction under 35 U.S.C. § 6(b).                                                          
                      For the reasons stated infra, we reverse the Examiner's rejection of                    
                claims 2 and 3 and enter a new ground of rejection of claims 2 and 3 under                    
                35 U.S.C. § 103(a).  Initially we note that Appellant’s Brief does not comply                 




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