Ex Parte MILLER 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                                  for publication and is not binding precedent of the Board.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. 13                



                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                    
                                                   __________                                                        

                              BEFORE THE BOARD OF PATENT APPEALS                                                     
                                           AND INTERFERENCES                                                         
                                                    __________                                                       
                                           Ex parte RALPH N. MILLER,                                                 
                                         MALLIKARJUNA V.N. RAO, and                                                  
                                           STEVEN H. SWEARINGEN                                                      
                                                   ___________                                                       
                                              Appeal No. 2002-1584                                                   
                                            Application No. 09/283,449                                               
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
             Before WINTERS, ADAMS, and GRIMES, Administrative Patent Judges.                                        
             WINTERS, Administrative Patent Judge.                                                                   
                                              DECISION ON APPEAL                                                     
                    This appeal was taken from the examiner's decision rejecting claims 10 and 26                    
             through 28.  Claims 11 through 25, which are the only other claims remaining in the                     
             application, stand withdrawn from further consideration by the examiner as drawn to a                   
             non-elected invention.                                                                                  


                    Claims 10 and 27, which are illustrative of the subject matter on appeal, read as                






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