Ex Parte Cutler 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                             written for publication and is not binding precedent of the Board.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. 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.                                   





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