Ex Parte WAGNER 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                                  for publication and is not binding precedent of the Board.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. 74                   
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                                       Ex parte THOMAS  E. WAGNER, and                                                
                                                 PETER C. HOPPE                                                       
                                                    __________                                                        
                                               Appeal No. 2003-1126                                                   
                                             Application No. 08/449,285                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before SCHEINER, ADAMS, and GREEN, Administrative Patent Judges.                                     
                 GREEN, Administrative Patent Judge.                                                                  

                                              DECISION ON APPEAL                                                      
                        An oral hearing in this case was scheduled for January 20, 2004.  Upon                        
                 reviewing the case, however, we have determined that an oral hearing will not be                     
                 necessary and we render the following decision based on the record.  See 37                          
                 CFR § 1.194(c).                                                                                      
                        This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s                        
                 final rejection of claims 39, 41, 43, 50, 51, 55-79, 82, 83, 86-114, 116 and 119.                    
                 Claims 39, 51, and 56 are representative of the subject matter on appeal, and                        
                 read as follows:                                                                                     






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