Ex Parte Grainger 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                                                     is not binding precedent of the Board.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. 21                 
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                               
                                                              ____________                                                                 

                                         BEFORE THE BOARD OF PATENT APPEALS                                                                
                                                       AND INTERFERENCES                                                                   
                                                              ____________                                                                 

                                      Ex parte DAVID S. GRAINGER, ANDREW GREEN,                                                            
                                                    MANSUR S. MOHAMMADI,                                                                   
                                      STEPHANE ROTH and LAURENCE G. THOMPSON                                                               
                                                              ____________                                                                 

                                                         Appeal No. 2003-0402                                                              
                                                      Application No. 09/569,924                                                           
                                                              ____________                                                                 

                                                                ON BRIEF                                                                   
                                                              ____________                                                                 

                Before WARREN, JEFFREY T. SMITH and MOORE, Administrative Patent Judges.                                                   
                JEFFREY T. SMITH, Administrative Patent Judge.                                                                             


                                                       DECISION ON APPEAL                                                                  

                        Applicants appeal the decision of the Primary Examiner finally rejecting claims                                    

                1 to 12.1, 2  We have jurisdiction under 35 U.S.C. § 134.                                                                  




                            1  According to the Appellants, claims 13 to 16 have been withdrawn from consideration                         
                    due to an election requirement.  (Answer, p. 2).                                                                       
                            2  In rendering our decision, we have considered Appellants’ arguments presented in the                        
                    Brief, filed April 22, 2002 and the Reply Brief filed July 19, 2002.  We have considered the                           
                    Examiner’s position presented in the Answer, mailed May 21, 2002.                                                      





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