Ex Parte Daniels et al - Page 1



             The opinion in support of the decision being entered today was         
             not written for publication and is not precedent of the Board.         
                                                            Paper No. 21            
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    ____________                                    
                        BEFORE THE BOARD OF PATENT APPEALS                          
                                 AND INTERFERENCES                                  
                                    ____________                                    

                            Ex parte MICHAEL P. DANIELS,                            
                        YEN-LANE CHEN, ALBERT I. EVERAERTS,                         
                        STEPHEN E. KRAMPE and JAMES K. YOUNG                        
                                                                                   
                                    ____________                                    
                                Appeal No. 2003-1889                                
                             Application No. 09/367,455                             
                                    ____________                                    
                                      ON BRIEF                                      
                                    ____________                                    
         Before WALTZ, DELMENDO and PAWLIKOWSKI, Administrative Patent              
         Judges.                                                                    
         PAWLIKOWSKI, Administrative Patent Judge.                                  

                                 DECISION ON APPEAL                                 
              This is an appeal under 35 U.S.C. § 134 from the examiner’s           
         final rejection of claims 1-10.                                            
              On page 2 of the Brief, appellants state that the claims              
         stand or fall together.  In the Brief, appellants provide                  
         arguments only for the subject matter of claim 1.  We observe,             
         in the Reply Brief, that appellants have separately argued                 
         claims 1, 8, 9, 10.  However, 37 CFR § 1.192 (c)(7) and                    
         (8)(2001) pertains to arguments provided in the Brief in                   





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