Ex Parte HIGHTOWER 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                                     for publication and is not binding precedent of the Board.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. 18              

                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                      ____________                                                        
                                     BEFORE THE BOARD OF PATENT APPEALS                                                   
                                                 AND INTERFERENCES                                                        
                                                      ____________                                                        
                     Ex parte PETER C. HIGHTOWER, HUNG-SUN OH and GARY B. BURWELL                                         
                                                      ____________                                                        
                                                  Appeal No. 2002-1984                                                    
                                                Application No. 09/438,909                                                
                                                      ____________                                                        
                                                        ON BRIEF                                                          
                                                      ____________                                                        
              Before MCQUADE, 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 1-40,                     
              which are all of the claims pending in this application.                                                    
                     We AFFIRM-IN-PART.                                                                                   
                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a two-position actuator having a DC solenoid                    
              element for locking a damper in an open position (specification, page 1).  A copy of the                    
              claims under appeal is set forth in the appendix to the appellants’ brief.                                  






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