Ex Parte MERCALDI 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          not written for publication and is not binding precedent of the             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. 33              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                 Ex parte GARRY ANTHONY MERCALDI and DON CARL POWELL                  
                                     __________                                       
                                Appeal No. 2003-1269                                  
                               Application 09/041,913                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before OWENS, DELMENDO and JEFFREY T. SMITH, Administrative                 
          Patent Judges.                                                              
          OWENS, Administrative Patent Judge.                                         


                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 1, 4-8               
          and 10-25.  Claims 2, 3, 9 and 127-175 have been canceled, and              
          claims 26-126 stand withdrawn from consideration by the examiner            
          as claiming a nonelected invention.                                         




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