Ex Parte FALCO - 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         not written for publication and is not binding precedent of the            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. 28          

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                              Ex parte ROBERT N. FALCO                              
                                    __________                                      
                                Appeal No. 2004-0034                                
                             Application No. 09/226,467                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before GARRIS, KRATZ, and DELMENDO, Administrative Patent                  
         Judges.                                                                    
         DELMENDO, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                 
              This is a decision on an appeal under 35 U.S.C. § 134                 
         (2004) from the examiner’s final rejection of claims 1 through             
         13 and 16 through 23 (final Office action mailed Feb. 14, 2001,            
         paper 19) in the above-identified application.1                            


                                                                                   
              1  The final rejection of claims 14 and 15, the only other            
         pending claims, has been withdrawn.  (Examiner’s answer mailed             
         Nov. 19, 2003, paper 24, p. 2.)                                            




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