Ex Parte PEOPLES 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                                   for publication and is not binding precedent of the Board.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 OLIVER P. PEOPLES, LARA L. MADISON,                                             
                                              and GJALT W. HUISMAN                                                       
                                                     __________                                                          
                                                Appeal No. 2005-1383                                                     
                                              Application No. 09/364,847                                                 
                                                     __________                                                          
                                                      ON BRIEF                                                           
                                                     __________                                                          

              ELLIS, GRIMES and GREEN, Administrative Patent Judge.                                                      
              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 1-6, all the claims remaining in the application.                                                
                     As a preliminary matter, we note the appellants’ statement on page 4 of the Brief                   
              that the claims do not stand or fall together.  37 C.F.R. § 1.192(c)(7)(2003).  The                        
              appellants contend that there are four groups of claims; Group I consisting of claim 1,                    
              Group II consisting of claim 2, Group III consisting of claims 3 and 4, and Group IV                       
              consisting of claims 5 and 6.   Id.  The appellants contend that they have provided                        
              “arguments for the separate patentability of groups 2 and 4.”  Id.                                         






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