Ex Parte MURPHY - 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                    for publication and is not binding precedent of the Board.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. 30         

                        UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                       ____________                                      
                           BEFORE THE BOARD OF PATENT APPEALS                            
                                    AND INTERFERENCES                                    
                                       ____________                                      
                              Ex parte JAMES MORGAN MURPHY                               
                                       ____________                                      
                                   Appeal No. 2001-1570                                  
                               Application No. 09/081,3931                               
                                       ____________                                      
                                         ON BRIEF2                                       
                                       ____________                                      
          Before RUGGIERO, BLANKENSHIP and SAADAT, Administrative Patent                 
          Judges.                                                                        
          SAADAT, Administrative Patent Judge.                                           

                                    DECISION ON APPEAL                                   
               This is a decision on appeal from the Examiner’s final                    
          rejection of claims 1-8, 10-12, 14-17 and 21-30.  Claims 9 and 13              
          have been canceled and claims 18-20 are withdrawn from                         
          consideration as being drawn to a non-elected invention.                       
               We affirm-in-part.                                                        



               1  Application for patent filed May 18, 1998, which claims the filing     
          priority benefit under 35 U.S.C. § 119 of Provisional Application No.          
          60/051,694, filed July 3, 1997.                                                
               2  The Oral Hearing set for September 18, 2002 was waived by Appellant    
          in a communication, received by facsimile, on July 22, 2002.                   





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