Ex Parte BREED 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                                     for publication and is not binding precedent of the Board.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. 20              

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    ____________                                                         

                                BEFORE THE BOARD OF PATENT APPEALS                                                       
                                               AND INTERFERENCES                                                         
                                                     ____________                                                        
                                               Ex parte DAVID S. BREED,                                                  
                                                  WILBUR E. DUVALL                                                       
                                              and WENDELL C. JOHNSON                                                     
                                                     ____________                                                        
                                                 Appeal No. 2002-0029                                                    
                                               Application No. 09/437,535                                                
                                                     ____________                                                        
                                                        ON BRIEF                                                         
                                                     ____________                                                        
              Before COHEN, FRANKFORT, and STAAB, Administrative Patent Judges.                                          
              STAAB, Administrative Patent Judge.                                                                        



                                                 DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's final rejection of claims 1-3, 7,                  
              8, 10-12, 16-22, 24, 25, 28-30, 32, 33 and 36-40.  Claims 4-6, 9, 13-15, 23, 26, 27, 31,                   
              34 and 35, the only other claims pending in the application, have been indicated by the                    
              examiner as being allowable if rewritten in independent form.  The amendment filed                         
              subsequent to the final rejection has been entered.                                                        







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