Ex Parte PEISERT - 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               was not written for publication and is not binding                   
                             precedent of the Board                                 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.  31                 


                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                   _____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                   _____________                                    
                             Ex parte JOSEPH PEISERT                                
                                  ______________                                    
                                Appeal No. 2003-1615                                
                               Application 09/274,639                               
                                  ______________                                    
                                      ON BRIEF                                      
                                  _______________                                   

         Before KRATZ, JEFFREY T. SMITH, and PAWLIKOWSKI,                           
         Administrative Patent Judges.                                              
         PAWLIKOWSKI, Administrative Patent Judge.                                  


                               DECISION ON APPEAL                                   
              This is an appeal under 35 U.S.C. § 134 from the                      
         examiner’s final rejection of claims 1-9 and 12-20.  On page               
         6 of the answer, the examiner has indicated that claims 6 and              
         16-18 are allowed.                                                         

              Claims 1 and 7 are representative of the subject matter               
         on appeal and are set forth below:                                         
              1.  A pollution control device, comprising:                           
              (a)  a housing;                                                       
              (b)  a pollution control element positioned within the                





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