Ex Parte Foster 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                                    for publication and is not binding precedent of the Board.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 RAYMOND KEITH FOSTER                                                 
                                                          and                                                          
                                                SCOTT DELAMARTER                                                       
                                                     ____________                                                      
                                                 Appeal No. 2003-0534                                                  
                                              Application No. 09/650,014                                               
                                                     ____________                                                      
                                                      ON BRIEF1                                                        
                                                     ____________                                                      
              Before COHEN, McQUADE, and NASE, Administrative Patent Judges.                                           
              NASE, Administrative Patent Judge.                                                                       



                                                DECISION ON APPEAL                                                     
                     This is a decision on appeal from the examiner's final rejection of claims 1 to 11.               
              Claims 12 to 27, the only other claims pending in this application, have been allowed.                   


                     We REVERSE.                                                                                       


                     1 On April 15, 2003, the appellants waived the oral hearing (see Paper No. 17) scheduled for June 
              11, 2003.                                                                                                





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