Ex Parte Gelardi - 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            written for publication and is not binding precedent of the Board.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. 18              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte JOHN A. GELARDI                                
                                    _____________                                     
                                Appeal No. 2004-1302                                  
                             Application No. 09/789,757                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before, STAAB, MCQUADE, and BAHR, Administrative Patent Judges.             
          STAAB, Administrative Patent Judge.                                         
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the examiner’s final              
          rejection of claims 1-7, 9, 11-21, 25-32, 34-37, 39, 40, 43-51,             
          53-58 and 62-64.  Although claims 8 and 65 are listed among the             
          rejected claims both on the summary sheet (page 1) of the final             
          rejection and on page 2 of the examiner’s answer, these claims              
          have not been included in any rejection in either the final                 
          rejection or answer.  Accordingly, these claims currently stand             
          as non-rejected claims, and they have not been included in this             
          appeal.  In the answer (page 4), the examiner expressly withdrew            




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