Ex Parte Wilkinson - 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               written for publication and is not binding precedent of the Board.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. 12           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                              Ex parte J. KIM WILKINSON                               
                                    ____________                                      
                                Appeal No. 2003-1181                                  
                             Application No. 09/755,575                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before COHEN, FRANKFORT, and NASE, Administrative Patent Judges.            
          FRANKFORT, Administrative Patent Judge.                                     


                                 DECISION ON APPEAL                                   

          This is a decision on appeal from the examiner's final                      
          rejection of claims 1 through 6, 8 through 10, 13 through 16 and            
          19, and from the examiner's refusal to allow claim 21 added                 
          subsequent to the final rejection in a paper filed June 18, 2002            
          (Paper No. 5).1                                                             

               1 In the advisory action mailed August 14, 2002 (Paper No.             
          8), the examiner has indicated the status of claim 21 as                    
          "rejected."  However, claim 21 does not appear in either one of             
          the rejections set forth in the examiner's answer (Paper No. 10).           
          Given the limitations of claim 21 added to independent claim 15,            
          and the similarity of that subject matter to the subject matter             

                                                             (continued...)           





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