Ex Parte POST et al - Page 4




                  Appeal No. 2002-0769                                                                                                                    
                  Application No. 08/822,319                                                                                                              


                                                               DECISION                                                                                   
                           The decision of the examiner rejecting claims 1 through 5, 12, 13, 17 through 19, 22                                           
                  through 24, 27, 28, 35, 36 and 40 through 53 under 35 U.S.C. § 102(e) is affirmed as to claims                                          
                  44 through 53, and is reversed as to claims 1 through 5, 12, 13, 17 through 19, 22 through 24, 27,                                      
                  28, 35, 36 and 40 through 43.                                                                                                           


                                                      TIME PERIOD FOR RESPONSE                                                                            
                  No time period for taking any subsequent action in connection with this appeal maybe be                                                 
                  extended under 37 C.F.R. § 136(a).                                                                                                      


                                                               AFFIRMED-IN-PART                                                                           

                                             KENNETH W. HAIRSTON                          )                                                               
                                             Administrative Patent Judge                  )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                             MICHAEL R. FLEMING                           )    BOARD OF PATENT                                            
                                             Administrative Patent Judge                  )         APPEALS AND                                           
                                                                                          )       INTERFERENCES                                           
                                                                                          )                                                               
                                             JOSEPH F. RUGGIERO                           )                                                               
                                             Administrative Patent Judge                  )                                                               

                  KWH/dpv                                                                                                                                 


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