Ex Parte PODREBARAC - 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               written for publication and is not binding precedent of the Board.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. 18              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                             Ex parte GARY G. PODREBARAC                              
                                    _____________                                     
                                Appeal No. 2001-2151                                  
                             Application No. 09/035,174                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before CAROFF, GARRIS, and NAGUMO, Administrative Patent Judges.            
          CAROFF, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner’s final                 
          rejection of claims 1-7.  Claims 8-34 stand withdrawn from                  
          consideration by the examiner, pursuant to the provisions of                
          37 CFR § 1.142(b), as being drawn to non-elected inventions (see            
          Paper Nos. 4 and 8).  Appellant’s protestations to the contrary             
          notwithstanding, this action by the examiner is a petitionable              
          matter rather than being a matter for consideration on appeal.              
          Accordingly, claims 8-34 are not before us for consideration.               





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