Ex Parte MARTIN - 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                                    for publication and is not binding precedent of the Board.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. 37              

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                     ____________                                                       
                                    BEFORE THE BOARD OF PATENT APPEALS                                                  
                                                AND INTERFERENCES                                                       
                                                     ____________                                                       
                                              Ex parte JAMES A. MARTIN                                                  
                                                     ____________                                                       
                                                 Appeal No. 2003-1476                                                   
                                               Application No. 09/291,983                                               
                                                     ____________                                                       
                                            HEARD: NOVEMBER 19, 2003                                                    
                                                     ____________                                                       
              Before COHEN, 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, 3-9,                 
              16 and 23.  Claims 10-15 and 17-22 stand withdrawn from consideration as not being                        
              directed to an elected species.  No other claims are pending in this application.                         
                     We REVERSE.                                                                                        











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