Ex Parte BATES 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                     publication and is not binding precedent of the Board.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. 14         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                      Ex parte CARY LEE BATES and PAUL REUBEN DAY                     
                                     ____________                                     
                                 Appeal No. 2002-2053                                 
                              Application No. 09/329,135                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before THOMAS, BARRY, and LEVY, Administrative Patent Judges.               
          LEVY, Administrative Patent Judge.                                          


                                  DECISION ON APPEAL                                  
               This is a decision on appeal under 35 U.S.C. § 134 from the            
          examiner's final rejection of claims 1, 2, 8, 9, 11, 19, 21, 22,            
          28, 29, 31, 36, 38-41, 47-50, 52, and 60.  Claims 3-7, 10, 12-18,           
          20, 23-27, 30, 32-35, 37, 42-46, 51, 53-59, and 61 have been                
          indicated as allowable if rewritten in independent form (final              
          rejection, page 5).                                                         











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