Ex Parte STARK 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            written for publication and is not binding precedent of the Board.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. 36              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte PETER A. STARK,                                
                      AUDREY A. SHERMAN and ALBERT I. EVERAERTS                       
                                   _____________                                      
                                Appeal No. 2002-2317                                  
                             Application No. 09/025,607                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before PAK, OWENS, and MOORE, Administrative Patent Judges                  
          OWENS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   


               This appeal is from the final rejection of claims 1-4, 7-10,           
          12-22, 24, 25, 28, 29, 45-49 and 52.  Claims 5 and 6, the only              
          other claims pending as of the final rejection, stand objected to           
          as being dependent from a rejected base claim but allowable if              
          rewritten in independent form including all of the limitations of           
          the base claim and any intervening claims.  Claims 25 and 49 were           




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