Ex Parte WEIR - 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                                   for publication and is not binding precedent of the Board.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. 28             
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                                   ____________                                                     
                                   BEFORE THE BOARD OF PATENT APPEALS                                               
                                               AND INTERFERENCES                                                    
                                                   ____________                                                     
                                            Ex parte HENRY JOHN WEIR                                                
                                                   ____________                                                     
                                                Appeal No. 2002-2047                                                
                                             Application No. 09/348,400                                             
                                                   ____________                                                     
                                                HEARD: April 8, 2003                                                
                                                   ____________                                                     
             Before ABRAMS, FRANKFORT, and McQUADE, Administrative Patent Judges.                                   
             ABRAMS, Administrative Patent Judge.                                                                   



                                               DECISION ON APPEAL                                                   
                    This is a decision on appeal from the examiner's final rejection of claims 1-5,                 
             22-24, 28-30, 54, 77-84, 90, 96, 113 and 114.  Claims 6-21, 25-27, 31-53, 55-76, 85-                   
             89, 91-95 and 97-112 have been withdrawn from consideration as being directed to a                     
             non-elected invention.                                                                                 


                    We AFFIRM-IN-PART AND ENTER A NEW REJECTION UNDER                                               
             37 CFR 1.196(b).                                                                                       








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