Ex Parte HARDING 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               written for publication and is not binding precedent of the Board      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. 28               
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                             Ex parte JOSEPH J. HARDING                               
                                and RICHARD O. BATZEL                                 
                                    _____________                                     
                                Appeal No. 2001-2636                                  
                             Application No. 09/160,127                               
                                    _____________                                     
                               HEARD: November 9, 2001                                
                                    _____________                                     
            Before MCCANDLISH, Senior Administrative Patent Judge, PATE               
            and BAHR, Administrative Patent Judges.                                   
                                                                                     
            MCCANDLISH, Senior Administrative Patent Judge.                           

                                 DECISION ON APPEAL                                   
                 This is a decision on an appeal from the examiner’s                  
            final rejection of claims 47 through 91.1  No other claims                
            are pending in the application.                                           
                                                                                      
            1 Contrary to appellants’ statement concerning the status of              
            amendments as set forth on page 2 of the brief, an                        
            amendment (Paper No. 16) was filed on August 24, 2000 after               
            the final office action dated August 4, 2000 (Paper                       
            No. 15).  In the advisory office action dated September 8,                
            2000 (Paper No. 17), the examiner indicated that the                      
            amendment of August 24, 2000 would be entered upon filing                 
            an appeal.  As indicated in the remarks in the amendment of               
            August 24, 2000 and as confirmed by the examiner in the                   
                                                     (continued . . .)                




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