Ex Parte HILLYER 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                     publication and is not binding precedent of the Board.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. 23                 
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                    ____________                                                        
                                   BEFORE THE BOARD OF PATENT APPEALS                                                   
                                               AND INTERFERENCES                                                        
                                                    ____________                                                        
                                 Ex parte LARRY HILLYER and MAX F. HINEMAN                                              
                                                    ____________                                                        
                                                Appeal No. 2002-1415                                                    
                                             Application No. 09/141,812                                                 
                                                    ____________                                                        
                                             HEARD: February 20, 2003                                                   
                                                    ____________                                                        
              Before HAIRSTON, RUGGIERO, and BLANKENSHIP, Administrative Patent Judges.                                 
              BLANKENSHIP, Administrative Patent Judge.                                                                 




                                               DECISION ON APPEAL                                                       
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final                       
              rejection of claims 1, 2, 4-12, 14, and 16-28.                                                            
                     We reverse.                                                                                        














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