Ex Parte TALBOT 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               The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 22             
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                    ____________                                                     
                               BEFORE THE BOARD OF PATENT APPEALS                                                    
                                             AND INTERFERENCES                                                       
                                                    ____________                                                     
                           Ex parte NICHOLAS C. TALBOT and MICHAEL V. McCUSKER                                       
                                                    ____________                                                     
                                                Appeal No. 2002-2169                                                 
                                              Application No. 09/163,286                                             
                                                    ____________                                                     
                                                      ON BRIEF                                                       
                                                    ____________                                                     
             Before FLEMING, BARRY, and BLANKENSHIP, Administrative Patent Judges.                                   
             BARRY, Administrative Patent Judge.                                                                     


                                               DECISION ON APPEAL                                                    
                    A patent examiner rejected claims 1-7 and 12.  The appellants appeal therefrom                   
             under 35 U.S.C. § 134(a).  We affirm-in-part.                                                           


                                                  BACKGROUND                                                         
                    The invention at issue on appeal relates to calibrating surveying instruments.                   
             According to the appellants, electronic distance measuring ("EDM") equipment became                     
             commercially available after World War-II and has since been used for surveying.                        
             (Spec. at 1-2.)  Miniaturization lead to mounting EDM equipment on theodolites, which                   








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