Ex Parte WHEELER 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           not written for publication and is not binding precedent of the                     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. 9             

                        UNITED STATES PATENT AND TRADEMARK OFFICE                              
                                         __________                                            
                            BEFORE THE BOARD OF PATENT APPEALS                                 
                                     AND INTERFERENCES                                         
                                         __________                                            
                    Ex parte DALE K. WHEELER, ROBERT G. MOORES, JR.,                           
                                             and                                               
                                     RICHARD T. WALTER                                         
                                         __________                                            
                                    Appeal No. 2001-0119                                       
                                Application No. 09/281,870                                     
                                         ___________                                           
                                          ON BRIEF                                             
                                         ___________                                           
           Before KIMLIN, DELMENDO, and PAWLIKOWSKI, Administrative Patent                     
           Judges.                                                                             
           DELMENDO, Administrative Patent Judge.                                              


                                     DECISION ON APPEAL                                        
                This is a decision on an appeal under 35 U.S.C. § 134 from                     
           the examiner’s final rejection of claims 68 through 99, which are                   
           all of the claims pending in the above-identified application. 1                    
                The subject matter on appeal relates to a cordless (battery-                   
           operated) device such as a power tool or kitchen appliance.                         
           (Specification, page 1, lines 7-9.)  Further details of this                        


                1  The appellants canceled claims 1-67 in the preliminary                      
           amendment filed on Mar. 31, 1999 (paper 2).  We note, however,                      
           that the amendment has not been clerically entered.  In the event                   
           of further prosecution, we trust that the examiner will attend to                   
           this matter.                                                                        





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