Ex Parte BANKS III - 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                                     for publication and is not binding precedent of the Board.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. 17              
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                      ____________                                                        
                                     BEFORE THE BOARD OF PATENT APPEALS                                                   
                                                 AND INTERFERENCES                                                        
                                                      ____________                                                        
                                              Ex parte GALE C. BANKS, III                                                 
                                                      ____________                                                        
                                                  Appeal No. 2002-1827                                                    
                                               Application No. 09/428,594                                                 
                                                      ____________                                                        
                                               HEARD: February 19, 2003                                                   
                                                      ____________                                                        
              Before ABRAMS, STAAB, and NASE, Administrative Patent Judges.                                               
              ABRAMS, Administrative Patent Judge.                                                                        



                                                 DECISION ON APPEAL                                                       
                     This is a decision on appeal from the examiner's final rejection of claims 1-13,                     
              which are all of the claims pending in this application.                                                    


                     We REVERSE.                                                                                          













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