Ex Parte DISCHLER - 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               written for publication and is not binding precedent of the Board.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 LOUIS DISCHLER                                
                                    ____________                                      
                                Appeal No. 2002-0271                                  
                             Application No. 09/467,406                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before COHEN, FRANKFORT, and STAAB, Administrative Patent Judges.           
          FRANKFORT, Administrative Patent Judge.                                     


                                 DECISION ON APPEAL                                   
          This is a decision on appeal from the examiner's final                      
          rejection of claims 1 through 7, 9 through 11, 25 and 28 through            
          30.  While appellant's Notice of Appeal (Paper No. 10) also                 
          included claims 21 through 24 as being subject to appeal, we                
          observe that appellant's brief (Paper No. 13) does not list those           
          claims as "appealed" and that such claims have not been included            
          in appellant's "GROUPING OF REJECTED CLAIMS" (Brief, page 3) or a           
          copy thereof supplied in the Appendix of claims on appeal                   
          attached to the brief.  Accordingly, we consider that appellant             




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