Ex Parte Calhoun 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 17                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                               Ex parte ROSALIE J. CALHOUN, ANTHONY S. CASABLANCA                                                     
                                            LOLA J. FISHER, GARY M. MCBREEN,                                                          
                                        DALE E. OLIVER and CHARLES F. WINBURN                                                         
                                                         ______________                                                               
                                                      Appeal No. 2003-1599                                                            
                                                      Application 09/494,028                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before WARREN, DELMENDO and MOORE, Administrative Patent Judges.                                                       
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellants, in the brief and reply brief,                       
               and based on our review, find that we cannot sustain the grounds of rejection advanced on                              
               appeal:  appealed claims 1 through 3, 10 through 12 and 19 through 22 under 35 U.S.C. § 102(b)                         
               as being anticipated by Winburn et al. (Winburn);  appealed claims 35 through 38 under                                 
               35 U.S.C. § 102(b) as being anticipated by Delaquila et al. (Delaquila);  and appealed claims                          






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