Ex Parte MCKAY - 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                                          for publication and is not binding precedent of the Board.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. 17               

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                            ____________                                                             
                                          BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                      AND INTERFERENCES                                                              
                                                            ____________                                                             
                                                Ex parte NICOLAS D. MCKAY JR.                                                        
                                                            ____________                                                             
                                                        Appeal No. 2001-2020                                                         
                                                     Application No. 09/271,232                                                      
                                                            ____________                                                             
                                                                BRIEF                                                                
                                                            ____________                                                             
               Before HAIRSTON, RUGGIERO, and BLANKENSHIP, Administrative Patent Judges.                                             
               HAIRSTON, Administrative Patent Judge.                                                                                



                                                      DECISION ON APPEAL                                                             
                       This is an appeal from the final rejection of claims 1 through 3, 51, 6 and 8.                                
                       The disclosed invention relates to an object locating system that uses a GPS satellite system                 
               and a two-way satellite communications system.                                                                        


                       Claim 1 is the only independent claim on appeal, and it reads as follows:                                     

                       1 Although claim 5 depends from canceled claim 4, the examiner indicated (answer, page                        
               2) that “the dependency of claim 5 will be assumed to be on claim 1.”                                                 





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