Ex Parte Gilpatrick 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          written for publication and is not binding precedent of the Board.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. 19           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                           Ex parte MICHAEL W. GILPATRICK                             
                                         and                                          
                                CHARLES E. WILLBANKS                                  
                                     __________                                       
                                Appeal No. 2003-2168                                  
                             Application No. 09/996,010                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before WARREN, DELMENDO, and PAWLIKOWSKI, Administrative Patent             
          Judges.                                                                     
          DELMENDO, Administrative Patent Judge.                                      


                                 DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134                  
          (2003) from the examiner’s final rejection of claims 1 through              
          16 (final Office action mailed Dec. 4, 2002, paper 7) in the                
          above-identified application.1  Claims 17 through 36, which are             

                                                                                     
               1  In reply to the final Office action, the appellants                 
          submitted a 37 CFR § 1.116 (2003)(effective Feb. 5, 2001)                   
          amendment on Feb. 11, 2003, proposing a change to claim 1. The              
          examiner indicated in an advisory action mailed on Mr. 3, 2003              





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