Ex Parte MISTYURIK 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               not written for publication and is not binding                         
                                precedent of the Board                                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. 25              


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                             Ex parte JOHN D. MISTYURIK,                              
                                   and JAMES A. MAKLEY                                
                                   ______________                                     
                                Appeal No.  2003-1685                                 
                              Application  09/444,809                                 
                                   ______________                                     
                              HEARD: DECEMBER 10, 2003                                
                                   _______________                                    

          Before KRATZ, JEFFREY T. SMITH, and PAWLIKOWSKI, Administrative             
          Patent Judges.                                                              
          PAWLIKOWSKI, Administrative Patent Judge.                                   


                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 103 from the            
          examiner’s final rejection of claims 31-38.  We note that on page           
          2 of the answer, the examiner has indicated that claims 22-30               
          have been allowed.  A copy of claims 31-38 are set forth in the             
          attached appendix.                                                          












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