Ex Parte SHEN 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          and is not binding precedent of the Board.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. 33           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                     Ex parte XIAOLAN SHEN and T. MICHAEL SHORE                       
                                    ____________                                      
                                Appeal No. 2004-0170                                  
                             Application No. 09/288,450                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      

          Before COHEN, STAAB and MCQUADE, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Xiaolan Shen et al. appeal from the final rejection (Paper             
          No. 24) of claims 1 through 5, 11, 15 and 16.  Claims 6 through             
          10 and 14, the only other claims pending in the application,                
          stand withdrawn from consideration pursuant to 37 CFR § 1.142(b).           


                                   THE INVENTION                                      
               The subject matter on appeal relates to “flying shears for             
          cropping the front and tail ends of hot rolled steel rods and               
          other like products being delivered from a continuous high speed            







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