Ex Parte HUBERTY - 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          not written for publication and is not binding precedent of the             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. 18              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte JOHN S. HUBERTY                                
                                     __________                                       
                                Appeal No. 2003-0318                                  
                               Application 09/377,262                                 
                                     ___________                                      
                                HEARD: April 2, 2003                                  
                                     ___________                                      

          Before GARRIS, WARREN, and POTEATE, Administrative Patent Judges.           
          POTEATE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   


               This is an appeal under 35 U.S.C. § 134 from the final                 
          rejection of claims 1-27.  Claims 28 and 29 are pending but have            
          been withdrawn from consideration as directed to a nonelected               
          invention.  See paper no. 4, mailed April 11, 2001.                         
               Claim 1 is representative of the subject matter on appeal              
          and is reproduced below:                                                    



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