Ex Parte Tuman 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            written for publication and is not binding precedent of the Board.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 SCOTT J. TUMAN, DAVID L. SEIDEL and LEON LEVITT                 
                                    ______________                                     
                                 Appeal No. 2005-1988                                  
                                Application 09/822,651                                 
                                    ______________                                     
                                       ON BRIEF                                        
                                   _______________                                     
          Before OWENS, WALTZ, and FRANKLIN, Administrative Patent Judges.             
          FRANKLIN, Administrative Patent Judge.                                       
                                  DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner’s final                  
          rejection of claims 21-48 and 50-70.  Claims 1-20 and 49 have                
          been canceled.                                                               
               Claims 21, 40, 48 and 56 are representative of the subject              
          matter on appeal, and a copy of these claims is appended to this             
          decision.                                                                    
               The examiner relies on the following references as evidence             
          of unpatentability:                                                          
          Allen et al. (Allen)  5,547,531  Aug. 20, 1996                               
          Thomas     5,586,371  Dec. 24, 1996                                          
          Murasaki     5,643,651  Jul. 01, 1997                                        
          Wessels et al. (Wessels)  5,669,120  Sep. 23, 1997                           
          Shepard et al. (Shepard)  6,205,623  Mar. 27, 2001                           
                      (filed Nov. 6, 1998)                                             




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