Ex Parte LONG - Page 1





                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                               
            The opinion in support of the decision entered today (1) was not written for publication in a law journal and (2) is not
            binding precedent of the Board.                                                                
                                                                                     Paper No.  15         

                           UNITED STATES PATENT AND TRADEMARK OFFICE                                       
                                           __________________                                              

                                BEFORE THE BOARD OF PATENT APPEALS                                         
                                          AND INTERFERENCES                                                
                                           __________________                                              

                                       Ex parte THEODORE J. LONG                                           
                                                                                                          

                                           Appeal No. 2003-0992                                            
                                           Application 09/934,0261                                         
                                                                                                          

                                                ON BRIEF                                                   
                                                                                                          

            Before SCHAFER, LEE and MEDLEY, Administrative Patent Judges.                                  

            LEE, Administrative Patent Judge.                                                              

                                          DECISION ON APPEAL                                               

                  This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s rejection of      

            appellants’ claims 2-14.  Claim 1 has been cancelled and no claim has been allowed.            

                                    References relied on by the Examiner                                   

            Wayne                          4,341,412                 July 27, 1982                         

            Dresen et al.  (“Dresen”)      4,693,507                 Sep.  15, 1987                        

            Kuhns                          5,365,858                 Nov.  22, 1994                        



                  1      Application for patent filed August 21, 2001.  According to the                   
            appellant, it is a continuation of 09/576,565, filed May 22, 2000, which is a                  
            continuation of 09/322,616, filed May 28, 1999, which is a continuation of                     
            08/895,915, filed July 17, 1997.  The real party in interest is Penda                          
            Corporation.                                                                                   






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