Ex Parte Hubbell 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                                   for publication and is not binding precedent of the Board.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. 32                       
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                   __________                                                          

                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                               Ex parte JEFFREY A. HUBBELL, MARCUS TEXTOR,                                             
                                   DONALD L. ELBERT, STEPHANIE FINKEN,                                                 
                                   ROLF HOFER, NICHOLAS D. SPENCER, and                                                
                                            LAURENCE RUIZ-TAYLOR                                                       
                                                     __________                                                        
                                               Appeal No. 2003-1783                                                    
                                             Application No. 09/560,472                                                
                                                     __________                                                        
                                              HEARD: January 8, 2004                                                   
                                                     __________                                                        
              Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges.                                         
              MILLS, Administrative Patent Judge.                                                                      

                                              DECISION ON APPEAL                                                       
                     This is a decision on appeal under 35 U.S.C. §134 from the examiner's final                       
              rejection of claims 5-6, 8-10, 12-18, 20-23, 61 and 64-66, which are all of the claims                   
              pending in this application.                                                                             
                     Claims 5, 13, 15 and 20 are illustrative of the claims on appeal and read as set                  
              forth below:                                                                                             








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