Ex Parte Tolinski 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                                 for publication and is not binding precedent of the Board.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. 23              

                             UNITED STATES PATENT AND TRADEMARK OFFICE                                        
                                                 ____________                                                 
                                 BEFORE THE BOARD OF PATENT APPEALS                                           
                                            AND INTERFERENCES                                                 
                                                 ____________                                                 
                            Ex parte ROCH J. TOLINSKI and STEVEN J. ENGELGAU                                  
                                                 ____________                                                 
                                             Appeal No. 2004-2346                                             
                                           Application No. 09/876,519                                         
                                                 ____________                                                 
                                                   ON BRIEF                                                   
                                                 ____________                                                 
            Before ABRAMS, MCQUADE and BAHR, Administrative Patent Judges.                                    
            BAHR, Administrative Patent Judge.                                                                



                                            DECISION ON APPEAL                                                
                   This is a decision on appeal from the examiner's final rejection of claims 1, 4,    6-     
            14, 16-18 and 20, which are all of the claims pending in this application.  Claim 2 was           
            canceled and claims 1, 4 and 16 were amended subsequent to the final rejection in an              
            amendment filed August 2, 2002 (Paper No. 5).                                                     
                   We REVERSE.                                                                                









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