Ex Parte YERXA 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                                 for publication and is not binding precedent of the Board.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. 29                  
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                  __________                                                      
                             BEFORE THE BOARD OF PATENT APPEALS                                                   
                                          AND INTERFERENCES                                                       
                                                  __________                                                      
                                         Ex parte BENJAMIN R. YERXA,                                              
                                             KARLA M. JACOBUS,                                                    
                                         WILLIAM PENDERGAST, and                                                  
                                              JANET L. RIDEOUT                                                    
                                                  __________                                                      
                                             Appeal No. 2002-1121                                                 
                                           Application No. 09/171,169                                             
                                                  __________                                                      
                                                   ON BRIEF                                                       
                                                  __________                                                      
                Before WINTERS, MILLS, and GREEN, Administrative Patent Judges.                                   
                GREEN, Administrative Patent Judge.                                                               

                                            DECISION ON APPEAL                                                    
                       An oral hearing in this case was scheduled for January 9, 2003.  Upon                      
                reviewing the case, however, we have determined that an oral hearing will not be                  
                necessary and we render the following decision based on the record.  See 37                       
                CFR § 1.194(c).                                                                                   












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