Ex Parte Livengood 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                   for publication and is not binding precedent of the Board.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. 20         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                 Ex parte BRYAN PATRICK LIVENGOOD, GEORGE P. MARSHALL                 
                                and JOHN MELVIN OLSON                                 
                                     ____________                                     
                                 Appeal No. 2003-2157                                 
                              Application No. 09/885,311                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before WALTZ, TIMM, and JEFFREY T. SMITH, Administrative Patent             
          Judges.                                                                     
          WALTZ, Administrative Patent Judge.                                         

                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 1, 3 through 8, 10 through 19, 21 and             
          22.1  Claims 9 and 20 have been withdrawn from this appeal (Brief,          
          pages 1 and 5; Answer, page 2).  Claim 30 is the only other claim           




               1Appellants filed an amendment subsequent to the final                 
          rejection but this amendment was refused entry by the examiner              
          (see the amendment dated Apr. 23, 2003, Paper No. 12, the                   
          Advisory Action dated May 2, 2003, Paper No. 13, and the Brief,             
          page 2).                                                                    





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