Ex parte METLITSKY 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                    for publication and is not binding precedent of the Board.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. 23         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                       Ex parte BORIS METLITSKY, JEROME SWARTZ,                       
                                   and EDWARD BARKAN                                  
                                     ____________                                     
                                 Appeal No. 1999-1345                                 
                              Application No. 08/482,556                              
                                     ____________                                     
                                  HEARD: May 9, 2001                                  
                                     ____________                                     
          Before THOMAS, RUGGIERO, and BARRY, Administrative Patent                   
          Judges.                                                                     
          BARRY, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                  
               This is a decision on appeal under 35 U.S.C. § 134 from                
          the  rejection of claims 33-36 and 40-43.  We affirm-in-part.               


                                     BACKGROUND                                       
               The invention at issue in this appeal reads bar codes.                 
          Bar code readers operate by scanning an emitted light beam                  
          across a bar code symbol comprising light and dark bars.                    
          Because more light is reflected from the light bars than from               






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