Ex Parte HARKIN - 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                                    publication and is not binding precedent of the Board.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. 29                      
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                            
                                                   ____________                                                    
                                   BEFORE THE BOARD OF PATENT APPEALS                                              
                                              AND INTERFERENCES                                                    
                                                   ____________                                                    
                                           Ex parte GERARD F. HARKIN                                               
                                                   ____________                                                    
                                               Appeal No. 2001-0040                                                
                                             Application No. 09/037,105                                            
                                                   ____________                                                    
                                                     ON BRIEF                                                      
                                                   ____________                                                    
             Before HAIRSTON, DIXON, and SAADAT, Administrative Patent Judges.                                     
             DIXON, Administrative Patent Judge.                                                                   


                                              DECISION ON APPEAL                                                   
                    This is a decision on appeal from the examiner's final rejection of claims 1-4 and             
             6-14.  Claim 5 was objected to as being allowable if rewritten.  Claim 5 has been                     
             rewritten in independent form and indicated as allowable along with dependent claim 9                 
             which has been rewritten in independent form.  Therefore, claims 1-4, 6-8 and 10-14                   
             remain on appeal.                                                                                     
                    We AFFIRM.                                                                                     









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