Ex Parte Gilberg - 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        written for publication and is not binding precedent of the Board.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. 20          

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                          Ex parte DOUGLAS BENNETT GILBERG                          
                                    __________                                      
                                Appeal No. 2004-1293                                
                             Application No. 09/989,330                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before GARRIS, WALTZ, and, DELMENDO, Administrative Patent                 
         Judges.                                                                    
         DELMENDO, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                 
              This is a decision on an appeal under 35 U.S.C. § 134                 
         (2003) from the examiner’s final rejection of claims 1 through             
         32 (final Office action mailed Dec. 18, 2002, paper 8), which              
         are all of the claims pending in the above-identified                      
         application.1                                                              


                                                                                   
              1  In reply to the final Office action, the appellant                 
         submitted an amendment pursuant to 37 CFR § 1.116                          
         (2003)(effective Feb. 5, 2001) (paper 9 filed Feb. 24, 2003),              
         proposing a change to claim 17.  The examiner, however, refused            





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