Ex Parte RATZEL 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                                    for publication and is not binding precedent of the Board.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. 16              
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                     ____________                                                       
                                    BEFORE THE BOARD OF PATENT APPEALS                                                  
                                                AND INTERFERENCES                                                       
                                                     ____________                                                       
                               Ex parte RICHARD O. RATZEL, JOSEPH J. HARDING,                                           
                                    MICHAEL J. LENCOSKI, JAMES A. SIMMONS                                               
                                             and DONALD J. BARNHOUSE                                                    
                                                     ____________                                                       
                                                 Appeal No. 2002-1023                                                   
                                               Application No. 09/387,399                                               
                                                     ____________                                                       
                                                       ON BRIEF                                                         
                                                     ____________                                                       
              Before ABRAMS, McQUADE, and NASE, Administrative Patent Judges.                                           
              ABRAMS, Administrative Patent Judge.                                                                      



                                                DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's final rejection of claims 7, 8, 10-               
              12, 39-42 and 56.  A review of the file indicates that claims 19, 20, 32 and 34-55 have                   
              been withdrawn from consideration as being drawn to a non-elected invention, and                          
              claims 1-6, 9, 13-18, 21-31 and 33 have been canceled.                                                    


                     We REVERSE.                                                                                        








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