Ex Parte Polegato Moretti - 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                                    for publication and is not binding precedent of the Board.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. 26                
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                    ____________                                                      
                                    BEFORE THE BOARD OF PATENT APPEALS                                                
                                               AND INTERFERENCES                                                      
                                                    ____________                                                      
                                       Ex parte MARIO POLEGATO MORETTI                                                
                                                    ____________                                                      
                                                Appeal No. 2004-0127                                                  
                                              Application No. 09/765,605                                              
                                                    ____________                                                      
                                                HEARD: May 18, 2004                                                   
                                                    ____________                                                      
             Before COHEN, ABRAMS, and McQUADE, Administrative Patent Judges.                                         
             ABRAMS, Administrative Patent Judge.                                                                     



                                               DECISION ON APPEAL                                                     
                    This is a decision on appeal from the examiner's final rejection of claims 1                      
             and 3-8.  The only rejection that included dependent claim 2 was withdrawn in the                        
             Answer (page 11), and therefore claim 2 is considered as containing allowable subject                    
             matter.                                                                                                  


                    We REVERSE.                                                                                       










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