Ex Parte Fuertes et al - 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                                       is not binding precedent of the Board.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 PATRICK FUERTES,                                                      
                                               RODOLPHE TAMION,                                                          
                                                 GUY FLECHE and                                                          
                                                  SERGE COMINI                                                           
                                                  Appeal 2007-2187                                                       
                                               Application 10/148,793                                                    
                                              Technology Center 1700                                                     
                                              Decided: October 4, 2007                                                   
                 Before CHUNG K. PAK, THOMAS A. WALTZ, and LINDA M.                                                      
                 GAUDETTE, Administrative Patent Judges.                                                                 
                 GAUDETTE, Administrative Patent Judge.                                                                  

                                              DECISION ON APPEAL                                                         
                        This is an appeal from the rejection of claims 11-25 and 28, the only                            
                 claims pending in the application.  Although the action appealed from was a                             
                 non-final rejection, we have jurisdiction pursuant to 35 U.S.C.  6 and 134                            
                 since these claims have been twice presented and rejected.  See Ex parte                                
                 Lemoine, 46 USPQ2d 1420, 1423 (BPAI 1994).                                                              
                        We REVERSE.                                                                                      

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