Ex Parte Gross - 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               written for publication and is not binding precedent of the Board.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. 14           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                               Ex parte MARK T. GROSS                                 
                                    ____________                                      
                                Appeal No. 2004-0434                                  
                             Application No. 09/836,686                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before BARRETT, DIXON, and MACDONALD, Administrative Patent                 
          Judges.                                                                     
          MACDONALD, Administrative Patent Judge.                                     


                                 DECISION ON APPEAL                                   

               This is a decision on appeal from the final rejection of               
          claims 10-16 and 23-25.  Claims 17, 21, and 22 have been                    
          indicated as allowable; and claims 1-9, 18-20, and 26-30 have               
          been canceled.  See paper number 7, dated September 4, 2002,                
          which indicates the amendment filed August 23, 2002, will be                
          entered upon the filing of this appeal.1                                    





          1 Although we are treating it as such for the purposes of this              
          appeal, the August 23, 2002, amendment has not yet been formally            
          entered.                                                                    



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