Ex Parte O'Brien 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          not written for publication and is not binding precedent of the             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. 11              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                    Ex parte MICHAEL J. O’BRIEN, GEORGE C. YANG                       
          and MICHAEL COLLINS                                                         
                                     __________                                       
                                Appeal No. 2003-1723                                  
                               Application 09/849,705                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before HAIRSTON, FRANKFORT, and STAAB, Administrative Patent                
          Judges.                                                                     
          FRANKFORT, Administrative Patent Judge.                                     
                                 DECISION ON APPEAL                                   

          This is a decision on appeal from the examiner's final                      
          rejection of claims 1 through 8, all of the claims pending in               
          this application.  On page 2 of the answer, the examiner                    
          indicates that claims 4 through 6 are now “objected to as being             
          dependent upon a rejected base claim, but would be allowable if             
          rewritten in independent form including all of the limitations of           
                                          1                                           




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