Ex Parte POKORZYNSKI 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          not written for publication and is not binding precedent of the              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. 37           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                      __________                                       
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                      __________                                       
                             Ex parte TONY M. POKORZYNSKI                              
                                         and                                           
                                  TIMOTHY J. THEISEN                                   
                                      __________                                       
                                 Appeal No. 2003-1176                                  
                              Application No. 09/074,288                               
                                     ___________                                       
                                       ON BRIEF                                        
                                     ___________                                       
          Before WARREN, DELMENDO, and POTEATE, Administrative Patent                  
          Judges.                                                                      
          DELMENDO, Administrative Patent Judge.                                       


                                  DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134                   
          (2002) from the examiner’s refusal to allow claims 1 through 4               
          and 6 through 10 in the above-identified application.1  Claims 11            


                                                                                      
               1  In reply to the final Office action mailed Jun. 3, 2002              
          (paper 28), the appellants submitted an amendment pursuant to 37             
          CFR § 1.116 (2001) on Aug. 13, 2002 (paper 29), proposing                    
          changes to claims 1 and 6.  The examiner indicated in the                    





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