Ex Parte Kurzeja 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          and is not binding precedent of the Board.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. 19           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
            Ex parte PATRICK KURZEJA, RONALD N. BRISSETTE, JIM HAWKINS,               
                 CHRIS KEENEY, CHRISTOS KYRTSOS, JACK DARRIN OATES                    
                                    and TOM SANKO                                     
                                    ____________                                      
                                Appeal No. 2003-1569                                  
                             Application No. 09/783,466                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      

          Before FRANKFORT, STAAB and MCQUADE, Administrative Patent                  
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Patrick Kurzeja et al. originally took this appeal from the            
          final rejection (Paper No. 5) of claims 1, 2 and 5 through 12.1             
          As the appellants have since canceled claim 12, and amended                 
          claims 1, 2 and 8, the appeal now involves claims 1, 2 and 5                
          through 11, all of the claims currently pending in the                      
          application.                                                                

               1 Through an apparent oversight, the examiner mistakenly               
          rejected canceled claims 3 and 4 in the final rejection.                    





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