Ex Parte Accardo - 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                                    for publication and is not binding precedent of the Board.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. 22             

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                    ____________                                                      
                                   BEFORE THE BOARD OF PATENT APPEALS                                                 
                                               AND INTERFERENCES                                                      
                                                    ____________                                                      
                                             Ex parte CARL A. ACCARDO                                                 
                                                    ____________                                                      
                                                Appeal No. 2002-0957                                                  
                                              Application No. 09/635,634                                              
                                                    ____________                                                      
                                                      ON BRIEF                                                        
                                                    ____________                                                      
             Before COHEN, NASE 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 and                  
             20-23.  Claims 8, 15 and 20-25 were subsequently allowed in response to the                              
             amendment after final filed October 23, 2001 (Paper No. 10).  Consequently, this                         
             appeal involves only claim 1.  Claims 2-7, 9-14 and 16-19 are withdrawn from                             
             consideration as being directed to a non-elected species.  No other claims are pending                   
             in this application.                                                                                     
                    We AFFIRM.                                                                                        






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