Ex Parte LEGRAND - 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 31                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                Ex parte EMMANUEL LEGRAND                                                             
                                                         ______________                                                               
                                                      Appeal No. 2002-0794                                                            
                                                      Application 09/037,584                                                          
                                                         _______________                                                              
                                                     HEARD: March 20, 2003                                                            
                                                         _______________                                                              
               Before WARREN, WALTZ and DELMENDO, Administrative Patent Judges.                                                       
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellant, in the brief and reply brief, and                    
               based on our review, find that we cannot sustain the rejection of appealed claims 11 through 13                        
               and 15 under 35 U.S.C. § 103(a) as being unpatentable over Boland in view of Young, Sr., et al.                        
               (Young), and the rejection of appealed claim 14 under 35 U.S.C. § 103(a) as being unpatentable                         
               over Boland in view of Young as applied to appealed claims 11 through 13 and 15 above, and                             
               further in view of Harbeke et al. (Harbeke). 1,2                                                                       
                                                                                                                                     
               1  Appealed claims 11 through 15 are all of the claims in the application. See the amendment of                        
               April 10, 2000 (Paper No. 11) and of November 29, 2002 (Paper No. 17).                                                 
               2  Answer, pages 4-5.                                                                                                  

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