Ex parte BERQUIST 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          not written for publication and is not binding precedent of                 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. 49              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                   Ex parte DAVID T. BERQUIST, PETER M. EISENBERG,                    
                        MITCHELL B. GRUNES, MARTIN A. KENNER,                         
                        JOHN M. KRUSE, TIMOTHY A. MERTENS and                         
                                   CINDY L. MUNSON                                    
                                     __________                                       
                                Appeal No. 1999-2723                                  
                               Application 08/674,082                                 
                                     ___________                                      
                               HEARD: January 9, 2002                                 
                                     ___________                                      
          Before JERRY SMITH, BARRETT and FLEMING, Administrative Patent              
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   

                                 DECISION ON APPEAL                                   
          This is a decision on the appeal under 35 U.S.C. § 134                      
          from the examiner’s rejection of claims 1-50, 101, 107-123,                 
          140 and 145-215.  Pending claims 51-76, 98-100 and 102-106                  
          stand withdrawn from consideration as being directed to a non-              
          elected invention.  Claim 130 has been indicated to contain                 

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