Ex Parte Eshelman - 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                                         for publication and is not binding precedent of the Board.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 EDWARD JAY ESHELMAN                                                           
                                                           ____________                                                              
                                                       Appeal No. 2005-0208                                                          
                                                    Application No. 10/137,510                                                       
                                                           ____________                                                              
                                                             ON BRIEF                                                                
                                                           ____________                                                              
               Before McQUADE, NASE, and BAHR, Administrative Patent Judges.                                                         
               NASE, Administrative Patent Judge.                                                                                    



                                                      DECISION ON APPEAL                                                             
                       This is a decision on appeal from the examiner's final rejection of claims 4, 11,                             
               12, 15, 16 and 19.  Claims 1, 2, 6 to 10, 17 and 18, which are all of the other claims                                
               pending in this application, have been allowed.                                                                       


                       We REVERSE.                                                                                                   







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