Ex Parte GROSS, II 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        written for publication and is not binding precedent of the Board.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. 27          

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                             Ex parte REMY F. GROSS, II,                            
                                  JOHN P. DELMORE,                                  
                                        and                                         
                                  WALTER E. BUSKE1                                  
                                    __________                                      
                                Appeal No. 2002-2029                                
                             Application No. 09/440,037                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before KRATZ, DELMENDO, and MOORE, Administrative Patent Judges.           
         DELMENDO, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                 
              This is a decision on an appeal under 35 U.S.C. § 134                 
         (2002) from the examiner’s final rejection of claims 1 through             
         14 and 20 through 23 (final Office action mailed May 22, 2001,             

                                                                                   
              1  The appellants submitted a request under 37 CFR § 1.48(b)          
         (1997) to delete the third-named inventor, together with a                 
         request to cancel non-elected claims 15-19.  (Reply filed Oct.             
         23, 2000, paper 6.)  We note, however, that the examiner has not           
         commented on the appellants’ requests.  Upon receipt of this               
         application, the examiner should treat the appellants’ requests            
         as may be appropriate under the circumstances.                             





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