Ex Parte Lenz 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               today was not written for publication and is not binding               
               precedent of the Board.                                                

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                              Ex parte GARY A. LENZ and                               
                                 GARY M. KLINEFELTER                                  
                                     ____________                                     
                                 Appeal No. 2005-0074                                 
                              Application No. 09/739,080                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before OWENS, WALTZ, and DELMENDO, Administrative Patent Judges.            
          WALTZ, Administrative Patent Judge.                                         


          DECISION ON APPEAL                                                          
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 33 through 36, 39 and 49.  The                    
          remaining claims in this application are claims 1-32, 37, 38, 40-           
          48 and 50-53, which stand withdrawn from further consideration by           
          the examiner as directed to a non-elected invention (Brief, page            
          2).  We have jurisdiction pursuant to 35 U.S.C. § 134.                      
               According to appellants, the invention is directed to an               
          identification card personalization device that is used to create           





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