Ex Parte Gosby et al - 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                         for publication and is not binding precedent of the Board.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 DESIREE D. G. GOSBY and KEITH I. ITO                                   
                                              ____________                                                 
                                            Appeal 2007-3941                                               
                                         Application 10/334,370                                            
                                         Technology Center 2100                                            
                                              ____________                                                 
                                      Decided: September 28, 2007                                          
                                              ____________                                                 

               Before ANITA PELLMAN GROSS, MAHSHID D. SAADAT,                                              
               and SCOTT R. BOALICK, Administrative Patent Judges.                                         
               SAADAT, Administrative Patent Judge.                                                        

                                      STATEMENT OF THE CASE                                                
                      This is a decision on appeal under 35 U.S.C. § 134(a) from the                       
               Examiner’s Final Rejection of claims 1-8, 20, and 22-28, which are all of the               
               claims pending in this application, as claims 9-19 and 21 have been                         
               canceled.  We have jurisdiction under 35 U.S.C. § 6(b).                                     
                      We affirm-in-part and enter a new ground of rejection pursuant to the                
               provisions of 37 CFR § 41.50(b).                                                            




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