Ex Parte HARTMAN 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            written for publication and is not binding precedent of the Board.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. 26              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                   Ex parte RICHARD L. HARTMAN, MARY M. HARTMAN,                      
                                 and ROY P. MASSENA                                   
                                    _____________                                     
                                Appeal No. 2002-0362                                  
                             Application No. 09/054,339                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before JERRY SMITH, LEVY, and SAADAT, Administrative Patent                 
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   

                               ON REQUEST FOR HEARING                                 
          Appellants filed a Request for Rehearing on May 29, 2003                    
          requesting that we reconsider our decision of May 9, 2003 wherein           
          we affirmed the examiner’s rejection of claims 64-79 as                     
          unpatentable under 35 U.S.C. § 103.                                         
          On June 12, 2003 appellants filed a Request for Continued                   
          Examination (RCE) including a preliminary amendment.  The RCE               
          requests that this application be withdrawn from appeal                     






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