The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 21 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex Parte STEPHEN CUTLER and PAUL A. VERWER _______________ Appeal No. 2004-0787 Application No. 09/827,048 _______________ ON BRIEF _______________ Before OWENS, WALTZ and JEFFREY T. SMITH, Administrative Patent Judge. JEFFREY T. SMITH, Administrative Patent Judge. Decision on appeal under 35 U.S.C. § 134 Applicants appeal the decision of the Primary Examiner’s refusal to allow claims 33 to 39, 42, 44 and 48 to 50.1 We have jurisdiction under 35 U.S.C. § 134.2 1 The Examiner has indicated that the subject matter of claims 40 and 47 is allowable. (Final Rejection, p. 4). 2 In rendering this decision, we have considered Appellants’ arguments presented in the Brief filed November 18, 2002, the Supplemental Brief filed May 13, 2003 and the Reply Brief filed August 11, 2003.Page: 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007