Ex Parte FUSS 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          not written for publication and is not binding precedent of the             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 GUNTER G. FUSS                                 
                               and VLADIMIR YAMPOLSKY                                 
                                     __________                                       
                                Appeal No. 2002-1803                                  
                               Application 09/288,775                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before STAAB, MCQUADE, and NASE, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Gunter G. Fuss et al. appeal from the final rejection of               
          claims 1 through 25.  Claims 26 through 28, the only other claims           
          pending in the application, stand withdrawn from consideration              
          pursuant to 37 CFR § 1.142(b).                                              
                                   THE INVENTION                                      
               The subject matter on appeal relates to “the packaging of              
          loose fill packing materials in bags for use as cushions in                 



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