Ex Parte GARDNER 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                   for publication and is not binding precedent of the Board.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. 28         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                       Ex parte MARK I. GARDNER, DIM-LEE KWONG,                       
                                and H. JIM FULFORD JR.                                
                                     ____________                                     
                                 Appeal No. 2003-2079                                 
                              Application No. 09/207,972                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before WALTZ, TIMM, and MOORE, Administrative Patent Judges.                
          WALTZ, Administrative Patent Judge.                                         

                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 16 through 21, 23, 30 and 31.  The claims         
          remaining in this application are claims 24 through 29, 32 and 33,          
          which stand allowed by the examiner, and claim 22, which was                
          objected to by the examiner as dependent upon a rejected base               
          claim, but would be allowable if rewritten in independent form,             
          including all of the limitations of the base claim and any                  
          intervening claims (final Office action dated Nov. 19, 2002, Paper          
          No. 16, page 3).  We have jurisdiction pursuant to 35 U.S.C. § 134.         




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