Ex Parte DUARTE 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                                 for publication and is not binding precedent of the Board.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. 32            

                             UNITED STATES PATENT AND TRADEMARK OFFICE                                        
                                                 ____________                                                 
                                 BEFORE THE BOARD OF PATENT APPEALS                                           
                                            AND INTERFERENCES                                                 
                                                 ____________                                                 
                               Ex parte LUIZ R. DUARTE and ROGER J. TALISH                                    
                                                 ____________                                                 
                                             Appeal No. 2002-0910                                             
                                           Application No. 09/229,855                                         
                                                 ____________                                                 
                                                   ON BRIEF                                                   
                                                 ____________                                                 
            Before COHEN, ABRAMS and BAHR, Administrative Patent Judges.                                      
            BAHR, Administrative Patent Judge.                                                                



                                            DECISION ON APPEAL                                                
                   This is a decision on appeal from the examiner's final rejection of claims 1, 3-8          
            and 11-17.  Claims 2, 9 and 10, the only other claims pending in this application, stand          
            withdrawn from consideration as being directed to a non-elected species.                          


                                               BACKGROUND                                                     
                   The appellants’ invention relates to the non-invasive application of ultrasonic            
            energy to enhance or accelerate wound healing, such as ulcers (specification, page 1).            






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