Ex Parte Zeller - 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               written for publication and is not binding precedent of the Board.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. 33           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                               Ex parte ROBERT ZELLER                                 
                                    ____________                                      
                                Appeal No. 2004-1137                                  
                              Application No. 09/734506                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before FRANKFORT, STAAB, and MCQUADE, Administrative Patent                 
          Judges.                                                                     
          FRANKFORT, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                   
          This is a decision on appeal from the examiner's final                      
          rejection of claims 1 through 12, 17, 20 and 24 through 32.                 
          Claims 21 through 23 and 33 through 43 stand allowed.  Claims 18            
          and 19, which are the only other claims remaining in the                    
          application, stand objected to and have been indicated by the               
          examiner to be allowable if rewritten in independent form.                  
          Claims 13 through 16 have been canceled.                                    







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