Ex Parte Petrovic - 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              written for publication and is not binding precedent of the Board.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. 23          
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    ____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    ____________                                    
                           Ex parte JOHN EDWARD PETROVIC                            
                                    ____________                                    
                                Appeal No. 2004-0946                                
                             Application No. 09/965,150                             
                                    ____________                                    
                                HEARD: June 10, 2004                                
                                    ____________                                    
         Before FRANKFORT, MCQUADE, and NASE, Administrative Patent                 
         Judges.                                                                    
         FRANKFORT, Administrative Patent Judge.                                    

                                 DECISION ON APPEAL                                 
         This is a decision on appeal from the examiner's refusal to                
         allow claims 10 through 14 as amended subsequent to the final              
         rejection in a paper filed May 1, 2003 (Paper No. 8).  Claims 10           
         through 14 are the only claims remaining in the application.               
         Claims 1 through 9 and 15 through 18 have been canceled.1  In              

              1 Although we note that the examiner has approved entry of            
         the above-noted amendment filed May 1, 2003 (see advisory action,          
         Paper No. 9), we observe that such amendment has not as of yet             
         been clerically entered.  This oversight should be corrected               
         during any further prosecution of the application before the               
         examiner.                                                                  




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