Ex Parte AFILANI - Page 1




               The opinion in support of the decision being entered                    
               today was not written for publication in a law journal                  
               and is not binding precedent of the Board.                              
                                                               Paper No. 21            


                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                                                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                                                                      
                              Ex parte THOMAS L. AFILANI                               
                                                                                      
                                 Appeal No. 2001-2035                                  
                              Application No. 09/071,806                               
                                                                                      
                                       ON BRIEF                                        
                                                                                      

          Before KRASS, LALL and SAADAT, Administrative Patent Judges.                 
          KRASS, Administrative Patent Judge.                                          


                                  DECISION ON APPEAL                                   


               This is a decision on appeal from the final rejection of                
          claims 1-14 and 16.  Claim 15 has been indicated by the examiner             
          as being directed to allowable subject matter and is not before              
          us on appeal.                                                                
               The invention relates to utilizing the principles of                    
          dielectrophoresis to locate animate entities, such as a human                

                                         -1–                                           





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