Ex Parte Penlerick 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                                    for publication and is not binding precedent of the Board.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 MARK PENLERICK and ROBERT RAGER                                              
                                                     ____________                                                      
                                                 Appeal No. 2003-0881                                                  
                                              Application No. 09/658,561                                               
                                                     ____________                                                      
                                                       ON BRIEF                                                        
                                                     ____________                                                      
              Before FRANKFORT, STAAB, and NASE, Administrative Patent Judges.                                         
              NASE, Administrative Patent Judge.                                                                       



                                                DECISION ON APPEAL                                                     
                     This is a decision on appeal from the examiner's final rejection (Paper No. 6,                    
              mailed March 26, 2002) of claims 1 to 21 and 23 to 26, which are all of the claims                       
              pending in this application.  In the brief (Paper No. 13, filed September 19, 2002), the                 
              appellants withdrew claims 16 and 23 from consideration in the appeal.  Accordingly,                     
              the appeal with respect to claims 16 and 23 is dismissed.  Claims 1 to 15, 17 to 21 and                  
              24 to 26 remain on appeal.                                                                               


                     We REVERSE.                                                                                       




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