Ex Parte MACCIOCCHI - 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                                    for publication and is not binding precedent of the Board.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. 29              

                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                    ____________                                                        

                                BEFORE THE BOARD OF PATENT APPEALS                                                      
                                              AND INTERFERENCES                                                         
                                                     ____________                                                       
                                             Ex parte FRED MACCIOCCHI                                                   
                                                     ____________                                                       
                                                 Appeal No. 2003-2125                                                   
                                               Application No. 09/168,153                                               
                                                     ____________                                                       
                                                       ON BRIEF                                                         
                                                     ____________                                                       
              Before FRANKFORT, NASE, and DIXON, Administrative Patent Judges.                                          
              NASE, Administrative Patent Judge.                                                                        



                                                DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's final rejection of claims 1 to 6                  
              and 9 to 14.  Claims 7 and 15 have been objected to as depending from a non-allowed                       
              claim.  Claims 8 and 16 have been canceled.                                                               


                     We REVERSE.                                                                                        









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