Ex Parte CHIQUET 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                             is not binding precedent of the Board                    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. 32                   
                                                                                     
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte FREDERIC CHIQUET,                               
                                 MARYLISE LE THUAUT,                                  
                                 JEAN-JACQUES GIRARD                                  
                                  and PASCAL BANIEL                                   
                                     ___________                                      
                                Appeal No. 2002-2101                                  
                             Application No. 09/068,540                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     __________                                       
          Before GARRIS, LIEBERMAN and PAWLIKOWSKI, Administrative Patent             
          Judges.                                                                     
          PAWLIKOWSKI, Administrative Patent Judge.                                   


                                 DECISION ON APPEAL                                   

               This is an appeal from the final rejection of claims 6, 8,             
          and 12 through 14.  Claims 1 through 5, 7, and 9 through 11 have            
          been withdrawn from consideration, and claims 15 through 19 have            
          been canceled.1                                                             



                                                                                      
          1 On page 1 of the brief, appellants state that claims 1-5, 7, and 9-11 may be
          subject to rejoinder under MPEP 821.04 if one or more claims 6, 8, and 12-14
          is found allowable.  Upon return of this case to the jurisdiction of the    
          examiner, we instruct the examiner to make a determination on this issue.   





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