Ex Parte MAHABADI 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 14                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                               
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                        _______________                                                               
                                       Ex parte HADI K. MAHABADI, ENNO E. AGUR.                                                       
                               THOMAS E. ENRIGHT, JOHN A. CREATURA, MARY L. OTT,                                                      
                                       K. DEREK HENDERSON and PAUL J. GERROIR                                                         
                                                         ______________                                                               
                                                      Appeal No. 2000-0822                                                            
                                                      Application 09/037,555                                                          
                                                        _______________                                                               
                                                             ON BRIEF                                                                 
                                                        _______________                                                               
               Before WARREN, OWENS and LIEBERMAN, Administrative Patent Judges.                                                      
               WARREN, Administrative Patent Judge.                                                                                   
                                                        Decision on Appeal                                                            
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                              
               rejecting claims 1 through 11, 13 through 21 and 39 through 57.  Subsequent to the final                               
               rejection, appellants cancelled claims 41, 46 and 52, and amended all the other claims.  The                           
               examiner withdrew the grounds of rejection of claims 6, 7, 10, 11, 20, 21, 48 and 56, objecting to                     
               the same as not being in condition for allowance.                                                                      
                       Accordingly, claims 1 through 5, 8, 9, 13 through 19. 39, 40, 42 through 45, 47, 49                            
               through 51, 53 through 55 and 57 remain for consideration on appeal.  Claim 12, also of record,                        
               was objected to as not being in condition for allowance in the final rejection.  Claims 22 through                     
               38 are also of record and have been withdrawn from consideration by the examiner under 37                              


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