Ex Parte WILK 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          not written for publication and is not binding precedent of the             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. 18                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                               Ex parte GLEN D. WILK,                                 
                                 ROBERT M. WALLACE,                                   
                                  JOHN M. ANTHONY                                     
                                  and PAUL MCINTYRE                                   
                                     __________                                       
                                Appeal No. 2004-0652                                  
                               Application 09/396,642                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before FRANKFORT, STAAB, and MCQUADE, Administrative Patent                 
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Glen D. Wilk et al. originally took this appeal from the               
          final rejection (Paper No. 7) of claims 1 through 12.  Upon                 
          consideration of the appellants’ main brief (Paper No. 9), the              
          examiner issued an Office action (Paper No. 10) reopening                   
          prosecution and entering superseding rejections of the claims.              
          Pursuant to 37 CFR § 1.193(b)(2)(ii), the appellants filed a                
          supplemental brief (Paper No. 11) and requested that the appeal             
          be reinstated.  Implicitly denying this request, the examiner               
          issued another Office action (Paper No. 12) entering further                



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