Ex Parte Wagle et al - Page 1



              The opinion in support of the decision being entered                  
              today was not written for publication in a law journal                
              and is not binding precedent of the Board.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 LAWRENCE P. WAGLE, DALE KWASNIEWSKI                    
                                 and JAMES F. ZIECH                                 
                                                                                   
                                Appeal No. 2004-1378                                
                             Application No. 09/761,724                             
                                                                                   
                                      ON BRIEF                                      
                                                                                   
         Before KIMLIN, WARREN and DELMENDO, Administrative Patent Judges.          
         KIMLIN, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                 
              This is an appeal from the final rejection of claims 1, 2,            
         5, 6, 9 and 11.  Claims 8, 10 and 12 have been allowed by the              
         examiner.  Claim 7, the other claim remaining in the present               
         application, has been withdrawn from consideration as being                
         directed to a non-elected species.  Claim 11 is illustrative:              
              11.  An inter-axle differential assembly for a vehicular              
         power transmission unit provided with a supply of lubricant; said          
         inter-axle differential assembly comprising:                               
              a differential input shaft;                                           
              a differential output shaft;                                          
                                        -1-                                         



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