Ex Parte McArthy 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          not written for publication and is not binding precedent of the             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. 24              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                           Ex parte TROY DANIEL McARTHY                               
          and TIMOTHY ALAN HEGEMIER                                                   
                                     __________                                       
                                Appeal No. 2004-0441                                  
                               Application 09/777,535                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      

          Before GARRIS, WARREN, and OWENS, Administrative Patent Judges.             
          OWENS, Administrative Patent Judge.                                         

                                 DECISION ON APPEAL                                   
               This appeal is from the fourth (nonfinal) rejection of                 
          claims 1-3, 9-13, 19 and 20.1  Claims 7, 8, 17 and 18 stand                 
          objected to but allowable if rewritten in independent form.                 
          Claims 4-6 and 14-16 stand withdrawn from consideration by the              
          examiner as being directed toward a nonelected invention.                   


               1 In an appeal in which claims have been at least twice                
          rejected, the board has jurisdiction as discussed in Ex parte               
          Lemoine, 46 USPQ2d 1432 (Bd. Pat. App. & Int. 1995).                        
                                          1                                           





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