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written for publication and is not binding precedent of the Board.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. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ADRIAN J. TURNER, SIMON PEARCE,
DAVID ANTHONY EVES and ALLAN ROGER TIMMS
__________
Appeal No. 2002-2040
Application No. 09/160,490
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ON BRIEF
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Before McKELVEY, Senior Administrative Patent Judge and MEDLEY,
and MOORE, Administrative Patent Judges.
MOORE, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final
rejection of claims 5-9, which are all the pending claims of this
application.
REPRESENTATIVE CLAIM
The appellant has indicated (Brief, page 3) that, for the
purposes of this appeal, claims 5-9 will stand or fall together.
Accordingly, we select claims 5 and 9, the independent claims, to
be representative of the claims on appeal. Note 37 CFR
§1.192(c)(7). See also In re Dance, 160 F.3d 1339, 1340 n.2, 48
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