Ex Parte LIPRIE - 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                   for publication and is not binding precedent of the Board.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. 34         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte SAMUEL F. LIPRIE                              
                                     ____________                                     
                                 Appeal No. 2003-1401                                 
                              Application No. 08/814,401                              
                                     ____________                                     
                                HEARD: OCTOBER 22, 2003                               
                                     ____________                                     
          Before COHEN, McQUADE, and NASE, Administrative Patent Judges.              
          COHEN, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  


               This appeal is taken from the final rejection (Paper No. 20)           
          of claims 1 through 9 and 21 through 30 (Notice of Appeal; Paper            
          No. 23).  However, while the cover sheet of the final rejection             
          indicates that claim 9 is under rejection, no rejection of claim            
          9 is set forth in the final rejection.  With no rejection of                
          claim 9 having been made by the examiner, that claim appears to             
          be allowable.  Claim 27 is indicated in the final rejection as              
          being allowed.  Claims 23 and 30 also appear to be allowable in             
          light of the withdrawal of a rejection thereof (footnote 1).                






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