Ex Parte Giardino et al - Page 1




                                         The opinion in support of the decision being                                     
                                      entered today is not binding precedent of the Board.                                
                                                                                      Paper 22                            
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                              ______________________                                                      
                                   BEFORE THE BOARD OF PATENT APPEALS                                                     
                                               AND INTERFERENCES                                                          
                                              ______________________                                                      
                                             Ex parte CARL J. GIARDINO,                                                   
                                  DAVID B. GRIFFITH, CHUNGFAH HOWARD HO,                                                  
                               JAMES M. HOWELL and MICHELLE HOYT WATKINS                                                  
                                              ______________________                                                      
                                                Appeal No. 2004-04951                                                     
                                              Application No. 09/503,5992                                                 
                                              ______________________                                                      
                                                       ON BRIEF                                                           
                                              ______________________                                                      

              Before:  SPIEGEL, TIERNEY and POTEATE, Administrative Patent Judges.                                        
              SPIEGEL, Administrative Patent Judge.                                                                       


                                               DECISION ON APPEAL                                                         
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final                         
              rejection of claims 1-33, which are all of the claims pending in this application.                          
              I.     Introduction                                                                                         
                     Claims 1 and 16 are illustrative of the subject matter on appeal and read as                         
              follows (emphasis added).                                                                                   

                     1 The application on appeal was received at the Board on 10 December 2003.                           
                     2 Application for patent filed 11 February 2000.                                                     





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