Ex Parte CHEEK 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               written for publication and is not binding precedent of the Board.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. 13              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
             Ex parte JON CHEEK, DERICK WRISTERS, and MARK I. GARDNER                 
                                   _____________                                      
                                Appeal No. 2001-1419                                  
                             Application No. 09/199,960                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before BARRETT, RUGGIERO, and BLANKENSHIP, Administrative Patent            
          Judges.                                                                     
          RUGGIERO, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                   
               This is a decision on the appeal from the final rejection of           
          claims 9-17.  In the final rejection mailed May 24, 2000 (Paper             
          No. 5), the Examiner indicated that claims 21-25 were allowed and           
          that claims 18-20 contained allowable subject matter but were               
          objected to as being dependent on a rejected claim.  Claims 1-8             
          stand withdrawn from consideration as being drawn to a non-                 
          elected invention.  An amendment filed July 25, 2000 after final            
          rejection was approved for entry by the Examiner.                           






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