Ex Parte RICHARDSON 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                                       today was not written for publication and is not binding                                                       
                                       precedent of the Board.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. 20                                 
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                               _______________                                                                        
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                           AND INTERFERENCES                                                                          
                                                               _______________                                                                        
                                                      Ex parte RICK A. RICHARDSON                                                                     
                                                        and DANIEL A. BROCKMAN                                                                        
                                                                ______________                                                                        
                                                             Appeal No. 2002-1489                                                                     
                                                             Application 09/173,456                                                                   
                                                               _______________                                                                        
                                                                    ON BRIEF                                                                          
                                                               _______________                                                                        
                 Before WARREN, OWENS and TIMM, 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 appellants, in the brief, and based on our                                    
                 review, find that we cannot sustain the rejections under 35 U.S.C. § 103(a) of appealed claims 1                                     
                 through 5, 24 through 29, 31 through 33, 35 through 37, 40 through 43, 45 and 48 as being                                            
                 unpatentable over Gamblin in view of Ratzker et al. (Ratzker) and of appealed claims 1 through                                       
                 7, 24 through 29, 31 through 33, 35 through 37, 40 through 43, 45 and 48 as being unpatentable                                       
                 over Myers et al. (Myers) in view of Ratzker.1,2                                                                                     

                                                                                                                                                     
                 1  These are all of the claims in the application.  See the specification, pages 28 and 31-33 and the                                
                 amendment of January 19, 2001 (Paper No. 13)                                                                                         

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