Ex Parte Callahan 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                        for publication and is not binding precedent of the Board.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 MARTIN JOHN CALLAHAN and STEPHEN FRANKLIN                                                      
                                              ____________                                                                    
                                         Appeal No. 2005-2632                                                                 
                                     Application No. 09/768,736                                                               
                                              ____________                                                                    
                                                 ON BRIEF                                                                     
                                              ____________                                                                    
            Before FRANKFORT, McQUADE and BAHR, Administrative Patent Judges.                                                 
            FRANKFORT, Administrative Patent Judge.                                                                           


                                         DECISION ON APPEAL                                                                   

            This is a decision on appeal from the examiner's final                                                            
            rejection (July 14, 2003) of claims 1 through 20, all of the                                                      
            claims in the application. Subsequent to the final rejection, the                                                 
            examiner has withdrawn rejections of claims 1 and 14 under 35                                                     
            U.S.C. § 102(b) as being anticipated by Volz et al. (US                                                           
            5,826,505), claims 2, 3 and 17 through 20 under 35 U.S.C.                                                         
            § 103(a) as being unpatentable over Volz et al. in view of John                                                   
            et al. (US 5,165,341), claims 4 through 13, 15 and 16 under                                                       













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