Ex Parte WALDER - 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            written for publication and is not binding precedent of the Board.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. 30              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                       Ex parte WARD T. BROWN and JAMES C. DAY                        
                                   _____________                                      
                                Appeal No. 2002-1791                                  
                             Application No. 08/588,945                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before KIMLIN, PAK, and LIEBERMAN, Administrative Patent Judges.            
          PAK, Administrative Patent Judge.                                           

                                 DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134 from             
          the examiner’s final rejection of claims 26 and 27, which are all           
          the claims pending in the above-identified application.                     
               According to appellants (Brief, page 4), “the rejected                 
          claims stand or fall together.”  Therefore, for purposes of this            
          appeal, we select claim 26 as representative of all the claims on           
          appeal and decide the propriety of the examiner’s rejection based           
          on this claim alone consistent with 37 CFR § 1.192(c)(7)(2000).             






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