Ex Parte O'Brien et al - Page 1



          The opinion in support of the decision being entered today was              
          not written for publication in a law journal and is not binding             
          precedent of the Board.                                                     
                                                            Paper No. 18              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                        Ex parte JOHN O’BRIEN, DANNY LEWIS,                           
                         RAYMOND BUSHNELL and CHARLES OLSON                           
                                                                                     
                                Appeal No. 2004-0459                                  
                             Application No. 09/652,997                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     

          Before OWENS, DELMENDO, and PAWLIKOWSKI, Administrative Patent              
          Judges.                                                                     
          OWENS, Administrative Patent Judge.                                         


                                 DECISION ON APPEAL                                   
               This appeal is from the final rejection of claims 1-6                  
          and 14-20.  Claims 7 and 8, which are all of the other claims               
          pending in the application, have been allowed.1                             
               1 The examiner (office action mailed September 11, 2002,               
          paper no. 5, page 3) and the appellants (amendment after final              
          rejection filed January 21, 2003, paper no. 7, page 2) agree that           
          claim 9 should be canceled.  In the event of further prosecution,           
          this claim should be clerically canceled.                                   




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