Ex Parte Tustin 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                   The opinion in support of the decision being entered today is not binding                       
                                            precedent of the Board.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 GERALD C. TUSTIN,                                                 
                                            JOSEPH R. ZOELLER                                                      
                                         and RICHARD D. COLBERG                                                    
                                                 ____________                                                      
                                               Appeal 2007-2208                                                    
                                            Application 10/650,510                                                 
                                            Technology Center 1700                                                 
                                                 ____________                                                      
                                           Decided: August 28, 2007                                                
                                                 ____________                                                      
                Before EDWARD C. KIMLIN, PETER F. KRATZ, and JEFFREY T.                                            
                SMITH, Administrative Patent Judges.                                                               
                KRATZ, Administrative Patent Judge.                                                                


                                           DECISION ON APPEAL                                                      
                       This is a decision on an appeal from the Examiner’s final rejection of                      
                claims 1-8 and 13-15.  Claims 9-12 and 16-40, the only other claims that                           
                remain pending in this application, stand withdrawn from further                                   
                consideration by the Examiner as drawn to non-elected invention(s).  We                            
                have jurisdiction pursuant to 35 U.S.C. §§ 6 and 134.                                              




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