Ex Parte BARRUS 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                     and is not binding precedent of the Board                      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. 27                
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     __________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                     __________                                     
                             Ex parte DONALD J. BARRUS                              
                               and STEVEN K. TETZLAFF                               
                                     __________                                     
                                Appeal No. 2001-2686                                
                             Application Re 08/932,718                              
                                     __________                                     
                               HEARD: JANUARY 9, 2002                               
                                     __________                                     
            Before MCCANDLISH, Senior Administrative Patent Judge, and              
            ABRAMS and MCQUADE, Administrative Patent Judges.                       
            MCCANDLISH, Senior Administrative Patent Judge.                         
                                 DECISION ON APPEAL                                 
                 This is a decision on an appeal from the examiner’s final          
            rejection of claims 7 through 12 in the above-identified                
            broadened reissue application.  All of the remaining claims in          
            this reissue application, namely claims 1 through 6 (which are          
            the original patent claims), have been allowed.1                        

                                                                                    
            1 As noted in the examiner’s answer (see page 2) appellants’ brief      
            incorrectly states on page 2 that no claims are pending in the          
            application. Contrary to this statement, claims 1 through 12 are pending
            in this application.                                                    




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