Ex Parte STRUTT 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                    and is not binding precedent of the Board.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. 23              

                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
                     Ex parte PETER R. STRUTT, BERNARD H. KEAR                        
                                 and ROSS F. BOLAND                                   
                                  ________________                                    
                                Appeal No. 2002-0928                                  
                               Application 09/315,2511                                
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before METZ, WARREN and PAWLIKOWSKI, Administrative Patent Judges.          
          METZ, Administrative Patent Judge.                                          

                                 DECISION ON APPEAL                                   
               This is an appeal under 35 U.S.C. § 134 from the examiner's            
          refusal to allow claims 1 through 5 and 8 through 12, which are all         
          the claims remaining in the application. The finally rejected               
          claims were 1 through 6 and 8 through 12 but appellants filed an            
          amendment with their brief which, inter alia, canceled claim 6. The         

          1  Application for patent filed May 20, 1999. According to the              
          official records of the Patent and Trademark Office (PTO), this             
          application is a division of application Serial Number 09/019,061,          
          filed on February 5, 1998, and now  U.S. Patent Number 6,025,034,           
          which issued on February 15, 2000, which is a continuation of               
          application Serial Number 08558,133, filed on November  13, 1995,           
          and now abandoned.                                                          
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