Ex Parte SMITHYMAN 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             written for publication and is not binding precedent of the Board.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 DENNIS SMITHYMAN,                                                  
                                               CARL W. SCHMIDT,                                                       
                                                        and                                                           
                                                  SLOANE R. SIX                                                       
                                                   ____________                                                       
                                               Appeal No. 2002-2273                                                   
                                             Application No. 09/363,688                                               
                                                   ____________                                                       
                                             HEARD: MARCH 4, 2003                                                     
                                                   ____________                                                       
             Before COHEN, STAAB, and McQUADE, Administrative Patent Judges.                                          
             STAAB, Administrative Patent Judge.                                                                      



                                              DECISION ON APPEAL                                                      
                    This is a decision on appeal from the examiner's final rejection of claims 11-16                  
             and 44-51.  Claims 40-43, the only other claims pending in the application, have been                    
             objected to as depending from a rejected claim, but indicated as being allowable if                      
             rewritten in independent form.                                                                           







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