Ex Parte BRYANT - 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 43                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                  Ex parte FRANK R. BRYANT                                                            
                                                         ______________                                                               
                                                      Appeal No. 2003-2130                                                            
                                                      Application 08/159,461                                                          
                                                         _______________                                                              
                                                             ON BRIEF                                                                 
                                                         _______________                                                              
               Before HAIRSTON, MCQUADE and WARREN, Administrative Patent Judges.                                                     
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellant, in the brief and reply brief, and                    
               based on our review, find that we cannot sustain the grounds of rejection advanced on appeal:                          
               appealed claims 1, 7 through 9, 34, 40 through 45, 56 and 58 through 65 under 35 U.S.C. § 112,                         
               first paragraph, written description (answer, pages 4 and 6-8);  and appealed claims 66 through                        
               69 under 35 U.S.C. § 103(a) as being unpatentable over Geipel, Jr. et al. (Geipel) in view of                          
               Haddad et al. (Haddad) (answer, pages 4-5 and 8).1                                                                     

                                                                                                                                     
               1  In addition to the appealed claims, claims 70 through 73 are also of record and have been                           
               withdrawn from consideration by the examiner under 37 CFR § 1.142(b) in the Office action                              
               mailed November 30, 2001 (Paper No. 33).                                                                               

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