Ex Parte BILLMERS 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          not written for publication and is not binding precedent of the             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. 41              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
          Ex parte ROBERT L. BILLMERS, BRUCE W. ASPLUND and DAVID F. HUANG            
                                     __________                                       
                                Appeal No. 2001-2486                                  
                               Application 08/670,885                                 
                                     ___________                                      
                               HEARD: November 7, 2002                                
                                     ___________                                      
          Before LIEBERMAN, DELMENDO, and POTEATE, Administrative Patent              
          Judges.                                                                     
          POTEATE, Administrative Patent Judge.                                       


                                 DECISION ON APPEAL                                   
               This is an appeal under 35 U.S.C. § 134 from the examiner’s            
          refusal to allow claims 1-4, 6, 16 and 18.  Claims 7-12, 17 and             
          21-25 are also pending in the application.  These claims stand              
          objected to as dependent upon a rejected base claim, but have               
          been indicated as allowable over the prior art.  See Appeal                 
          Brief, Paper No. 30, received October 2, 2000, page 2, paragraph            

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