Ex Parte Lucarelli 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                     and is not binding precedent of the Board.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 MICHAEL A. LUCARELLI,                             
                           DAVID J. FLUCK and LEE C. SOULE                            
                                   _____________                                      
                                Appeal No. 2005-1245                                  
                             Application No. 09/839,762                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before KIMLIN, WALTZ and PAWLIKOWSKI,  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 1 through 23, which are the only claims           
          pending in this application.  We have jurisdiction pursuant to              
          35 U.S.C. § 134.                                                            
               According to appellants, the invention is directed to powder           
          coating compositions comprising at least one powdered polymer and           
          a metal oxide which has been sized-reduced to a specified mean              
          agglomerate particle size (Brief, page 2).  Representative                  

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