Ex Parte MARKOW 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                   for publication and is not binding precedent of the Board.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. 25         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                   Ex parte MITCHELL A. MARKOW, DANIEL V. FORLENZA,                   
                          KEVIN R. FROST and GREGORY B. MEMO                          
                                     ____________                                     
                                 Appeal No. 2002-1987                                 
                              Application No. 08/880,0321                             
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before FLEMING, DIXON, and SAADAT, Administrative Patent Judges.            
          SAADAT, Administrative Patent Judge.                                        


                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the Examiner’s final                 
          rejection of claims 34-42.  Claims 1-33 have been cancelled and             
          claims 43-46 are not before us as their rejection was withdrawn             
          by the Examiner.2                                                           
               We reverse.                                                            

               1  Application for patent filed June 20, 1997.                         
               2  The only rejection of claims 43-46 under 35 U.S.C. § 112, second    
          paragraph, as indicated in the final Office action (Paper no. 16, mailed    
          November 8, 2000), was withdrawn in the answer (page 7).                    




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