Ex Parte Barthelemy 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                                   today was not written for publication and is not binding                                           
                                   precedent of the Board.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. 23                            
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                         _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                
                                                         _______________                                                              
                                                Ex parte PIERRE BARTHELEMY                                                            
                                                     and PIERRE DOURNEL                                                               
                                                         ______________                                                               
                                                      Appeal No. 2003-2023                                                            
                                                      Application 09/581,440                                                          
                                                         _______________                                                              
                                                    HEARD: January 21, 2004                                                           
                                                         _______________                                                              
               Before WARREN, TIMM and DELMENDO, Administrative Patent Judges.                                                        
               WARREN, Administrative Patent Judge.                                                                                   
                                                 Decision on Appeal and Opinion                                                       
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                        
               the opposing views of the examiner, in the answer, and appellants, in the brief, and based on our                      
               review, find that we cannot sustain the rejection of appealed claims 1, 2, 11 and 13 through 171                       
               under 35 U.S.C. § 102(b) as anticipated by Flynn et al., United States Patent 5,814,595 (Flynn                         
               ‘595), and under 35 U.S.C. § 103(a) as being unpatentable Flynn et al., United States Patent                           
               5,814,595 (Flynn ‘595) further in view of Flynn et al., United States Patent 5,827,212                                 


                                                                                                                                     
               1  Claims 4 through 9 are also pending and are drawn to subject matter held to be allowable by                         
               the examiner. See the Office action of March 8, 2002 (Paper No. 11). The claims of record are                          
               set forth in the appendix to the brief.                                                                                

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