Ex Parte JUDGE 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          not written for publication and is not binding precedent of the             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 JOHN F. JUDGE                                 
                                 and MARK R. GEESEY                                   
                                     __________                                       
                                Appeal No. 2003-0669                                  
                               Application 09/407,116                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before COHEN, MCQUADE, and NASE, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               John F. Judge et al. appeal from the final rejection of                
          claims 1, 2, 4 through 12, 14 through 16 and 18 through 20.                 
          Claim 13 stands allowed.  Claim 17, the only other claim pending            
          in the application, stands withdrawn from consideration as being            
          directed to a non-elected species.1                                         






               1 The examiner has refused entry of an amendment (Paper No.            
          10) filed subsequent to final rejection seeking to add new claim            
          21.                                                                         




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