Ex Parte CADDELL 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                   for publication and is not binding precedent of the Board.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. 17         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                            Ex parte JAMES W. CADDELL JR.                             
                                 and JAMES M. CALDWELL                                
                                     ____________                                     
                                 Appeal No. 2003-0455                                 
                              Application No. 09/438,969                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before COHEN, STAAB, and MCQUADE, Administrative Patent Judges.             
          STAAB, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the examiner’s final              
          rejection of claims 1-18.  An amendment after final rejection               
          (Paper No. 10, filed January 31, 2002) canceling claims 19-21 has           
          been approved for entry.1  No other claims are currently pending.           


               1Although the examiner stated in an advisory action (Paper             
          No. 11, mailed January 31, 2002) that the amendment after final             
          would be entered for purposes of appeal, no clerical entry of               
          this amendment has in fact been made.                                       





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