Ex Parte ECKER 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                   for publication and is not binding precedent of the Board.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. 35         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                Ex parte DAVID J. ECKER, OSCAR ACEVEDO, NORMAND HEBERT,               
                PETER W. DAVIS, JACQUELINE R. WYATT, and JOHN S. KIELY                
                                     ____________                                     
                                 Appeal No. 2000-0122                                 
                              Application No. 08/309,925                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before WALTZ, DELMENDO, and MOORE, Administrative Patent Judges.            
          WALTZ, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the examiner’s final              
          rejection of claims 43, 44, 46 through 51, and 54 through 59.               
          Claims 1 through 42, 52, 53, 60 and 61 are the only other claims            
          in this application and stand withdrawn from consideration by               
          the examiner as drawn to a non-elected invention.  See 37 CFR               









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