Ex Parte Pickett, Jr. 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         not written for publication and is not binding precedent of the            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. 22          

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                        BEFORE THE BOARD OF PATENT APPEALS                          
                                 AND INTERFERENCES                                  
                                    __________                                      
                        Ex parte PAUL MATTHEWS PICKETT, JR.                         
                                        and                                         
                                   DANIEL SHELTON                                   
                                    __________                                      
                                Appeal No. 2004-0917                                
                             Application No. 09/684,210                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before OWENS, DELMENDO, and PAWLIKOWSKI, Administrative Patent             
         Judges.                                                                    
         DELMENDO, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                 
              This is a decision on an appeal under 35 U.S.C. § 134                 
         (2003) from the examiner’s final rejection of claims 1, 4                  
         through 10, and 12 through 17 in the above-identified                      
         application.  Claims 3 and 11, which are the only other pending            
         claims, have been objected to as being dependent upon a rejected           
         base claim but have been indicated as allowable if rewritten in            





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