Ex Parte CUBICCIOTTI - 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                                  publication and is not binding precedent of the Board                        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. 37                     
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                          
                                          ______________________                                               
                                BEFORE THE BOARD OF PATENT APPEALS                                             
                                           AND INTERFERENCES                                                   
                                          ______________________                                               
                                      Ex parte ROGER S. CUBICCIOTTI                                            
                                           _____________________                                               
                                            Appeal No. 2005-0392                                               
                                          Application No.  09/171,885                                          
                                          ______________________                                               
                                                  ON BRIEF                                                     
                                           ___________________                                                 

             ELLIS, MILLS and GRIMES, Administrative Patent Judges.                                            
             ELLIS, Administrative Patent Judge.                                                               


                                           DECISION ON APPEAL                                                  
                   This is an appeal pursuant to 35 U.S.C. § 134 from the examiner’s final rejection           
             of claims 34-40.  Claims 1-29 have been canceled.  Claims 30-33 and 41 have been                  
             withdrawn from consideration pursuant to 37 C.F.R. § 1.142.                                       
                   Claims 34 and 36 are representative of the subject matter on appeal and read as             
             follows:                                                                                          


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