Ex parte BALLY 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                    for publication and is not binding precedent of the Board.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. 16         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                     Ex parte ALEXANDER BALLY and ERIC R. COLBURN                     
                                     ____________                                     
                                 Appeal No. 2001-1198                                 
                              Application No. 09/233,899                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before STAAB, NASE, and BAHR, Administrative Patent Judges.                 
          NASE, Administrative Patent Judge.                                          



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection (Paper No. 6, mailed July 27, 2000) of claims 1 to                
          5, 7 to 15, 19 and 20.  The other claims pending in this                    
          application (i.e., claims 6, 16 to 18 and 21 to 33) are not                 
          under rejection since the obviousness-type double patenting                 
          rejection made in the final rejection was withdrawn by the                  
          examiner in the Office letter of October 24, 2000 (Paper No.                
          11).                                                                        





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