Ex Parte RASPER 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                                    for publication and is not binding precedent of the Board.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. 23              

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                     ____________                                                       
                                    BEFORE THE BOARD OF PATENT APPEALS                                                  
                                                AND INTERFERENCES                                                       
                                                     ____________                                                       
                                      Ex parte MARK RASPER and TIM RULSEH                                               
                                                     ____________                                                       
                                                 Appeal No. 2002-0986                                                   
                                               Application No. 09/222,282                                               
                                                     ____________                                                       
                                                       ON BRIEF                                                         
                                                     ____________                                                       
              Before FRANKFORT, NASE and BAHR, Administrative Patent Judges.                                            
              BAHR, Administrative Patent Judge.                                                                        



                                                DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's rejection of claim 1.  Claim 2,                   
              the only other claim pending in this application, stands withdrawn from consideration as                  
              being directed to a non-elected invention.                                                                
                     We REVERSE.                                                                                        
                                                   BACKGROUND                                                           
                     The appellants’ invention relates to a cutting apparatus comprising a non-rotating                 
              circular knife provided with an indexing device for automatically indexing the knife to                   






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