Ex Parte Porter 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               today was not written for publication and is not                       
               binding precedent of the Board.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. 23                   
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
                              Ex parte ANGELA L. PORTER                               
                                  and DAVID PORTER                                    
                                  ________________                                    
                                Appeal No. 2004-1058                                  
                               Application 09/584,053                                 
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before FRANKFORT, MCQUADE, and BAHR, Administrative Patent                  
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       


                                 DECISION ON APPEAL                                   


               Angela L. Porter et al. originally took this appeal from a             
          first final rejection (Paper No. 12) of claims 12 through 18, 20            
          and 22 through 29, all of the claims pending in the application.            
          Upon consideration of the appellants’ main brief (Paper No. 16),            
          the examiner reopened prosecution and issued a second and                   
          superseding final rejection (Paper No. 17).  Pursuant to 37 CFR             

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