Ex Parte GAVIT 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               today was not written for publication and is not                       
               binding precedent of the Board.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. 26                   

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
            Ex parte STEPHAN E. GAVIT, SCOTT A. DYE and ROBERT E. LEONARD             
                                  ________________                                    
                                Appeal No. 2001-2268                                  
                               Application 08/922,581                                 
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before JERRY SMITH, BARRETT and SAADAT, 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 final rejection of claims 1, 3-6, 9-29, 36,             
          37 and 43.  Claims 2 and 30-35 had been cancelled.  Claims 7, 8             
          and 38-42 were not rejected.  A first amendment after final                 
          rejection was filed on April 3, 2000 and was entered by the                 
          examiner.  This amendment cancelled claim 7.  A second amendment            
          after final rejection was filed on June 5, 2000 and was also                

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