Ex Parte GAYNOR - 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                                                 is not binding precedent of the Board.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. 17              
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                         ____________                                                          
                                        BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                   AND INTERFERENCES                                                           
                                                         ____________                                                          
                                                 Ex parte JUSTIN F. GAYNOR                                                     
                                                         ____________                                                          
                                                     Appeal No. 2002-0094                                                      
                                                   Application No. 09/346,435                                                  
                                                         ____________                                                          
                                                           ON BRIEF                                                            
                                                         ____________                                                          
              Before WALTZ, KRATZ, and TIMM, Administrative Patent Judges.                                                     
              TIMM, Administrative Patent Judge.                                                                               



                                                   DECISION ON APPEAL                                                          
                      This appeal involves claims 9, 12-23, 25, and 26 as amended after the Final Rejection                    
              (Amendment under 37 CFR § 1.116 filed February 14, 2001, Paper No. 10 to be entered as per                       
              Advisory Action mailed February 27, 2001, Paper No. 11).1  These are all the claims pending in                   
              the application.                                                                                                 





                      1The Amendment has not yet been physically marked to show entry.  Such entry should be effected upon the 
              return of this application to the jurisdiction of the Examiner.                                                  





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