Ex Parte AYLWARD 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                     publication and is not binding precedent of the Board.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. 24         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     

                              Ex part PETER T. AYLWARD,                               
                                 ROBERT P. BOURDELAIS                                 
                                 and THADDEUS S. GULA                                 
                                     ____________                                     
                                 Appeal No. 2002-1567                                 
                              Application No. 09/197,729                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     

          Before WARREN, KRATZ and MOORE, Administrative Patent Judges.               
          KRATZ, Administrative Patent Judge.                                         

                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's refusal to            
          allow claims 1, 2, 5, 7-15, 17 and 18 as amended after final                
          rejection, which are all of the claims pending in this                      
          application.                                                                
                                     BACKGROUND                                       
               Appellants' invention relates to a photographic element with           
          a voided cushioning layer having specified compression and                  
          recovery properties.  The cushioning layer is located below an              







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