The indices closed up again on Tuesday, starting with a gap up and strong surge early on that took the indices to new 2009 highs on the Nasdaq 100 and reaching right at key overhead resistance near 1120 on the S&P 500, but were thwarted there. They pulled back, retested support and bounced, with the NDX getting right back up to its earlier high and the SPX falling a bit short. Then they backed off and flagged, firming up late in the session.

Net on the day the Dow was up 50.79 at 10464.93, the S&P 500 up 3.97 to 1118.02, and the Nasdaq 100 up 10.72 to 1839.51.

Advance-declines were about 3 to 2 positive on both New York and Nasdaq. Up/down volume was about 5 to 3 positive on New York on total volume of a light 937 million. Nasdaq traded over 1.7 billion and had a 2 1/2 to 1 positive volume ratio.

TheTechTrader.com board was mixed, with just a few point-plus gainers and losers. Athersys (ATHX) was the star of the day, exploding for 3.15, or 130%, to 5.58 on 45 1/2 million shares. A-Power Energy (APWR) closed at 20.55, up 1.04 on 1.8 million.

Those were the only point-plus gainers on our board.

Among the leading fractional gainers, Human Genome Sciences (HGSI) jumped 98 cents to 30.58 to a new multi-year high on 5.8 million. Hi-Tech (HITK) was up 49 cents to 28.75 reaching as high as 29.60. Xyratex (XRTX), which we added to our model portfolio today, was up 57 cents to 14.04.

US Energy (USEG) advanced 38 cents 6.05, and portfolio position Rambus (RMBS) 53 cents to 23.97.

Incyte Pharmaceuticals (INCY) gained 32 cents to 9.05, and portfolio position Sourcefire (FIRE) 56 cents to 25.98. Junior petroleum play Brigham Exploration (BEXP) was up 84 cents to 14.67 to another 2009 high.

Among the ETFs, Direxion Financial Bull 3x Shares (FAS) added 86 cents to 74.86, Direxion Large Cap Bull 3X Shares (BGU) 63 cents to 53.01, and the U.S. Oil Fund ETF (USO) 40 cents to 36.56 on firmer oil.

On the downside, a few Chinese stocks were under pressure today. China Agritech (CAGC) lost 2.37 to 23.84, China Automotive (CAAS) 1.45 to 16.42, SmartHeat (HEAT) 77 cents to 14.38, and Kandi (KNDI) 73 cents to 4.41.

Stepping back and reviewing the hourly chart patterns, the indices basically had a consolidation day, but the early sharp gap-up and early gains cemented the gains for the day, and the rest of the day was spent consolidating in a coiling-type fashion, but bullish-looking indeed. The indices may yet make an attempt at taking out 1120 on the SPX, squeezing the shorts further, and the NDX appears to be leading the way.

Harry Boxer is a technical consultant to many Wall Street hedge funds and large institutional traders, and author of TheTechTrader.com.