Ex Parte MERRIL 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                  for publication and is not binding precedent of the Board.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. 32             

                      UNITED STATES PATENT AND TRADEMARK OFFICE                     
                                     ____________                                   
                          BEFORE THE BOARD OF PATENT APPEALS                        
                                  AND INTERFERENCES                                 
                                     ____________                                   
                  Ex parte JONATHAN R.MERRIL, PETER A. MANGIAFICO,                  
                               RITA ROY, PAUL MCGUIRE                               
                                 and TORSTEN KOEHLER                                
                                     ____________                                   
                                 Appeal No. 2003-1858                               
                             Application No. 09/073,8711                            
                                     ____________                                   
                               HEARD: FEBRUARY 19, 2004                             
                                     ____________                                   

         Before JERRY SMITH, BARRY and SAADAT, Administrative Patent Judges.        
         SAADAT, Administrative Patent Judge.                                       


                                  DECISION ON APPEAL                                
              This is a decision on appeal from the Examiner’s final                
         rejection of claims 51 and 55-68.  Claims 1-50 have been                   
         cancelled and claims 52-54 have been objected to by the Examiner           
         who has indicated their allowability if rewritten in independent           
         form including all of the limitations of the base claim and any            
         intervening claims.                                                        


              1 Application for patent filed May 7, 1998.                           





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