Ex parte ALLAIN 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                                  and is not binding precedent of the Board.                                                                           
                                                                                                                Paper No. 12                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                     Ex parte MARK ALLAIN and JOSEPH ALLAIN, JR.                                                                        
                                                                 ____________                                                                           
                                                          Appeal No. 2001-0314                                                                          
                                                    Application No. 09/102,677                                                                          
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           

                 Before ABRAMS, McQUADE, and NASE, Administrative Patent                                                                                
                 Judges.                                                                                                                                
                 McQUADE, Administrative Patent Judge.                                                                                                  

                                                           DECISION ON APPEAL                                                                           
                          Mark Allain et al. originally took this appeal from the                                                                       
                 final rejection of claims 3 through 10, 15 and 16.   As the                               1                                            
                 examiner has since withdrawn the rejection of claim 4, which                                                                           
                 now stands objected to as depending from a rejected claim, the                                                                         
                 appeal as to claim 4 is hereby dismissed, leaving for review                                                                           
                 the standing rejections of claims 3, 5 through 10, 15 and 16.                                                                          



                          1Claim 15 has been amended subsequent to final rejection.                                                                     





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