Ex Parte SAPIEJEWSKI - 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               and is not binding precedent of the Board.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. 19              

                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                                                                     

                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     

                             Ex parte ROMAN SAPIEJEWSKI                               
                                                                                     
                                Appeal No. 2001-0261                                  
                               Application 08/546,0501                                
                                                                                     
                               HEARD: January 9, 2003                                 
                                                                                     
          Before JERRY SMITH, BARRETT, and RUGGIERO, Administrative Patent            
          Judges.                                                                     
          BARRETT, Administrative Patent Judge.                                       




                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134 from the            
          final rejection of claims 1-45.                                             
               We reverse.                                                            

          1  Application for patent filed October 20, 1995, entitled                  
          "In-the-Ear Noise Reduction Headphones."                                    
                                        - 1 -                                         





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