Ex parte POMERANTZ - 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                                    for publication and is not binding precedent of the Board.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 GLENN A. POMERANTZ                                                
                                                    ____________                                                     
                                                Appeal No. 2002-0116                                                 
                                              Application No. 09/457,730                                             
                                                    ____________                                                     
                                                      ON BRIEF                                                       
                                                    ____________                                                     
             Before FRANKFORT, STAAB, and NASE, Administrative Patent Judges.                                        
             NASE, Administrative Patent Judge.                                                                      




                                               DECISION ON APPEAL                                                    
                    This is a decision on appeal from the examiner's final rejection of claims 21 and 23             
                   1                                                                                                 
             to 30.   Claims 31 to 40 have been withdrawn from consideration under 37 CFR                            
             § 1.142(b) as being drawn to a nonelected invention.  Claims 1 to 20 and 22 have been                   
             canceled.                                                                                               


                    We REVERSE.                                                                                      

                    1Claims 21, 23 and 29 were amended subsequent to the final rejection.                            




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