Ex Parte PETTY - 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                   for publication and is not binding precedent of the Board.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. 23         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                              Ex parte STEPHEN E. PETTY                               
                                     ____________                                     
                                 Appeal No. 2002-0467                                 
                              Application No. 08/824,153                              
                                     ____________                                     
                                  HEARD: Feb. 5, 2003                                 
                                     ____________                                     
          Before WALTZ, DELMENDO, and POTEATE, Administrative Patent Judges.          
          WALTZ, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the primary examiner’s            
          refusal to allow claims 31 through 60 as amended subsequent to the          
          final rejection (see the amendment dated July 28, 1999, Paper No.           
          7, entered as per the Advisory Action dated Aug. 5, 1999, Paper No.         
          8).  Claims 31-60 are the only claims remaining in this                     
          application.  We have jurisdiction pursuant to 35 U.S.C. § 134.             
               According to appellant, the invention is directed to an                
          improved process of using supercritical fluids to effect separation         
          of components in a mixture by contact with a non-porous membrane            






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