Ex Parte Nosker et al - 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               written for publication and is not binding precedent of the Board.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 THOMAS NOSKER, RICHARD RENFREE,                        
                           JAMES KERSTEIN and LOUIS SIMON                             
                                    ____________                                      
                                Appeal No. 2004-1750                                  
                             Application No. 09/985,937                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before FRANKFORT, MCQUADE, and NASE, 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, 3, 4, 8, 9, 13 through 20, 24, 25 and 27             
          through 34.  Claim 21 stands allowed.  Claims 23 and 26, the only           
          other claims remaining in the application, have been objected to            
          for being dependent upon a rejected base claim, but have also               
          been indicated to be allowable if rewritten in independent form             
          including all of the limitations of the base claim and any                  







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