Ex parte DAVIS 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               The opinion in support of the decision being entered today was not written for publication and is not
                                          binding precedent of the Board.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. 32                     

                       UNITED STATES PATENT AND TRADEMARK OFFICE                                              
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                           Ex parte PAUL D. DAVIS, KELLI D. FEATHER-HENIGAN                                   
                                            and KIMBERLY HINES                                                
                                                __________                                                    
                                            Appeal No. 2001-1273                                              
                                          Application No. 09/171,334                                          
                                                __________                                                    
                                                  HEARD:                                                      
                                              February 7, 2002                                                
                                                __________                                                    
            Before WINTERS, WILLIAM F. SMITH, and GREEN Administrative Patent Judges.                         
            WILLIAM F. SMITH, Administrative  Patent Judge.                                                   
                                           DECISION ON APPEAL                                                 
                   This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of             
            claims 1 through 8, 13, 16 through 19, 21, 26, 33 through 35, 37 through 45 and 49.               
            Claims 9 through 12, 14, 15, 20, 22 through 25, 27 through 32, 36, 46 through 48 and              
            50 are pending but have been withdrawn from consideration by the examiner.  At oral               
            argument, counsel withdrew the appeal as to claims 7 and 8.  Accordingly, we dismiss              
            the appeal as to claims 7 and 8.  This leaves claims 1 through 6, 13, 16 through 19, 21,          
            26, 33 through 35, 37 through 45 and 49 for our consideration.                                    






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