Ex Parte MERRETT 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                                                       is not binding precedent of the Board.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. 28                       

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                   
                                                                ____________                                                                    

                                           BEFORE THE BOARD OF PATENT APPEALS                                                                   
                                                         AND INTERFERENCES                                                                      
                                                                ____________                                                                    

                                                      Ex parte JOHN B. MERRETT,                                                                 
                                            DEVOR R. TAYLOR, MARK M. WHEELER                                                                    
                                                             and DAN R. GALE                                                                    
                                                                ____________                                                                    

                                                           Appeal No. 2002-1214                                                                 
                                                        Application No. 09/062,046                                                              
                                                                ____________                                                                    

                                                                  ON BRIEF                                                                      
                                                                ____________                                                                    

                      Before GARRIS, JEFFREY T. SMITH and MOORE, Administrative Patent                                                          
                      Judges.                                                                                                                   
                      JEFFREY T. SMITH, Administrative Patent Judge.                                                                            

                                                         DECISION ON APPEAL                                                                     

                      Applicants appeal the decision of the Primary Examiner finally rejecting claims 1 to                                      

                      8, 10, 11, 13 to 15, 17, 21 and 25 to 45.1  We have jurisdiction under 35 U.S.C.                                          

                      § 134.2                                                                                                                   

                              1  Claims 9, 12, 16, 18 to 20, 22 to 24 and 46 to 62 have been withdrawn from                                     
                      consideration due to and election by Appellants resulting from either a restriction requirement                           
                      or an election of species.  (Brief, p. 2; Answer, p. 2).                                                                  
                              2  In rendering this decision, we have considered Appellants’ arguments presented in                              
                      the Brief filed May 5, 2001, and the Reply Brief filed October 1, 2001.                                                   





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