Ex Parte FERREIRO - 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          written for publication and is not binding precedent of the Board.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. 15              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                         
                                      __________                                        
                          BEFORE THE BOARD OF PATENT APPEALS                            
                                   AND INTERFERENCES                                    
                                      __________                                        
                             Ex parte FRANCIS A. FERREIRO                               
                                      __________                                        
                                 Appeal No. 2002-2034                                   
                              Application No. 09/175,080                                
                                      ___________                                       
                                       ON BRIEF                                         
                                      ___________                                       

          Before SCHAFER, LEE, and MOORE, Administrative Patent Judges.                 
          MOORE, Administrative Patent Judge.                                           
                                   DECISION ON APPEAL                                   
               This is an appeal under 35 U.S.C. § 134 from the final                   
          rejection of claims 1-2, 4-9, 11-16, and 18-25.  Claims 3, 10, and            
          17 are said to be allowable if rewritten in independent form.1                
          Thus, only claims 1-2, 4-9, 11-16, and 18-25 are before us on this            
          appeal.                                                                       
                                  REPRESENTATIVE CLAIM                                  
               The appellant has indicated (Brief, page 4) that, for the                
          purposes of this appeal, claims 1-7 will stand or fall together,              
                                                                                       
          1 Although a rejection appears to be repeated and applied to these claims, the
          examiner has stated them to be allowable (Examiner’s Answer, page 2).  We shall
          therefore direct no analysis towards these claims other than to observe that the
          rejection should have been updated to reflect the allowable claims.           





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