Ex Parte Neal 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                                    for publication and is not binding precedent of the Board.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. 25             

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                   ____________                                                       

                               BEFORE THE BOARD OF PATENT APPEALS                                                     
                                             AND INTERFERENCES                                                        
                                                    ____________                                                      
                                    Ex parte MURRY L. NEAL and ALLAN D. BAIN                                          
                                                    ____________                                                      
                                                Appeal No. 2003-1796                                                  
                                              Application No. 09/513,563                                              
                                                    ____________                                                      
                                                      ON BRIEF                                                        
                                                    ____________                                                      
             Before FRANKFORT, McQUADE, and NASE, Administrative Patent Judges.                                       
             NASE, Administrative Patent Judge.                                                                       



                                               DECISION ON APPEAL                                                     
                    This is a decision on appeal from the examiner's final rejection  (Paper No. 13,                  
             mailed August 7, 2001) of claims 1, 5 to 10, 16 and 23 to 28.  Claims 11 to 15, the only                 
             other claims pending in this application, have been withdrawn from consideration.                        


                    We AFFIRM-IN-PART, however, for reasons explained infra, we have                                  
             denominated our affirmance of the rejection of claim 8 a new ground of rejection under                   
             37 CFR § 1.196(b).                                                                                       





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