Ex parte ROBERTSON 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                                   for publication and is not binding precedent of the Board.                                                           

                                                                                                                    Paper No. 12                        

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                              Ex parte TOBIN A. ROBERTSON and LAWRENCE L. WELCH III                                                                     
                                                                   ____________                                                                         
                                                           Appeal No. 2001-0735                                                                         
                                                      Application No. 09/135,390                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before COHEN, FRANKFORT, and NASE, Administrative Patent Judges.                                                                       
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1, 2 and 4, which are all of the claims                                                                            
                 pending in this application.1                                                                                                          




                          1In the status of claims section of the brief (p. 2), the                                                                     
                 appellants canceled claims 5 and 6.  The examiner indicated in                                                                         
                 the answer (p. 2) that the status of the claims contained in                                                                           
                 the brief was correct, which we understand to be the                                                                                   
                 examiner's approval of the cancellation of claims 5 and 6.  We                                                                         
                 note that this cancellation of claims 5 and 6 has not been                                                                             
                 clerically performed.                                                                                                                  




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