1 The opinion in support of the decision being entered today was not written
2 for publication and is not binding precedent of the Board
3
4 UNITED STATES PATENT AND TRADEMARK OFFICE
5 ____________________
6
7 BEFORE THE BOARD OF PATENT APPEALS
8 AND INTERFERENCES
9 ____________________
10
11 Ex parte DBC and XanGo
12 ____________________
13
14 Appeal 2007-1907
15 Reexamination Control No. 90/007,1781
16 Patent 6,730,333 B12
17 Technology Center 1600
18 ____________________
19
20 Decided: August 24, 2007
21 ____________________
22
23 Before RICHARD E. SCHAFER3, MICHAEL P. TIERNEY, and JAMES
24 T. MOORE, Administrative Patent Judges.
25
26 MOORE, Administrative Patent Judge.
27
28 DECISION ON APPEAL
29 A. Introduction
30 DBC and XanGo appeal under 35 U.S.C. §§ 134 and 306 from the
31 final rejection for obviousness over the prior art of claims 1-81, all the
1 Filed August 20, 2004. The Real Party in Interest is identified as DBC,
LLC (assignee) and XanGo, LLC (exclusive licensee).
2 Issued May 4, 2004.
3 Judge Romulo H. Delmendo, who participated in the Oral Argument of this3
appeal, is unavailable to participate in this decision.
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