Ex Parte Girard - 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                   for publication and is not binding precedent of the Board.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. 26         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte FRANCOIS GIRARD                               
                                     ____________                                     
                                 Appeal No. 2004-1202                                 
                              Application No. 09/908,938                              
                                     ____________                                     
                                HEARD: AUGUST 19, 2004                                
                                     ____________                                     
          Before COHEN, STAAB, and McQUADE, Administrative Patent Judges.             
          COHEN, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  


               This appeal is taken from the final rejection of claims 1              
          through 12, 14 through 24, 26 through 30, and 32 through 40.  In            
          the answer (pages 4 and 5), the examiner withdrew the rejection             
          of claims 2, 18, and 34; however, these otherwise allowable                 
          claims now stand objected to by the examiner as being based upon            
          their dependency from rejected base claims.  Claims 13, 25 and              
          31, the only other claims in the application, stand allowed. It             
          follows that rejected claims 1, 3 through 12, 14 through 17, 19             







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