The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 Claims 2, 3, 9 and 127-175 have been canceled, and claims 26-126 stand withdrawn from consideration by the examiner as claiming a nonelected invention. 1Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007