Ex Parte GALE - 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                   for publication and is not binding precedent of the Board.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. 17         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte GREGORY W. GALE                               
                                     ____________                                     
                                 Appeal No. 2001-1462                                 
                              Application No. 09/306,516                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before ABRAMS, NASE and BAHR, Administrative Patent Judges.                 
          BAHR, Administrative Patent Judge.                                          


                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 7-14.  Claims 1-6, the only other claims                
          pending in this application, stand allowed.  As claim 8 stands              
          rejected only under the doctrine of obviousness-type double                 
          patenting, the examiner having withdrawn the rejection of claim 8           
          under 35 U.S.C. § 103 on page 2 of the answer, and appellant has            
          not appealed the obviousness-type double patenting rejection, as            
          explained infra, claim 8 is not involved in this appeal.                    
          Accordingly, this appeal involves only claims 7 and 9-14.                   




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