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Ex Parte Nelson 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                         for publication and is not binding precedent of the Board.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 THOMAS D. NELSON,                                              
                                        OLIVER A. OSSANA, and                                                
                                       DOUGLAS G. ANDERSON1                                                  
                                               ____________                                                  
                                             Appeal 2007-3839                                                
                                          Application 10/033,634                                             
                                          Technology Center 3600                                             
                                               ____________                                                  
                                         Decided: 18 October 2007                                            
                                               ____________                                                  
                Before JAMESON LEE, ADRIENE LEPIANE HANLON, and SALLY C.                                     
                MEDLEY, Administrative Patent Judges.                                                        
                LEE, Administrative Patent Judge.                                                            


           1                             DECISION ON APPEAL                                                  
           2          This is a decision on appeal by an Applicant under 35 U.S.C.  134(a)                  
           3    from a rejection of claims 1-5, 8-18, 20, 23-27, 29-33, 36-46, 48, 50-58, 61-                
           4    71, under 35 U.S.C.  103 as unpatentable over U.S. Patent 4,949,501.  We                    
           5    have jurisdiction under 35 U.S.C.  6(b).                                                    

                                                                                                            
                1      The real party in interest is Ecolab, Inc.                                            



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