Ex Parte CUNNINGHAM 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                                  for publication and is not binding precedent of the Board.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. 46                    
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                      
                                            AND INTERFERENCES                                                         
                                                    __________                                                        
                            Ex parte BRIAN C. CUNNINGHAM and JAMES A. WELLS                                           
                                                    __________                                                        
                                               Appeal No. 2003-1668                                                   
                                             Application No. 08/479,883                                               
                                                    __________                                                        
                                                     ON BRIEF                                                         
                                                    __________                                                        
                 Before WINTERS, GRIMES, and GREEN, Administrative Patent Judges.                                     
                 GRIMES, 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 41-43, 45-50, 54-58, 62-64, and 72-76.  Claims 44, 53,                     
                 61, and 65-71 are also pending:  claims 44, 53, and 61 stand objected to (but not                    
                 rejected), and claims 65-71 have been withdrawn from consideration.  See Paper                       
                 No. 40, mailed April 22, 2002.                                                                       













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