Ex Parte Lee 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          not written for publication and is not binding precedent of the             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. 17              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                       Ex parte DAVID L. LEE and AMAR N. NEOGI                        
                            ___________                                               
                                Appeal No. 2004-1206                                  
                             Application No. 09/826,473                               
                                     __________                                       
                                      ON BRIEF                                        
                                      _________                                       
          Before KIMLIN, OWENS, and WALTZ, Administrative Patent Judges.              
          WALTZ, Administrative Patent Judge.                                         

          DECISION ON APPEAL                                                          
               This is a decision on an appeal from the primary examiner’s            
          refusal to allow claims 16 through 26 as amended subsequent to              
          the final rejection (see the amendment dated Apr. 18, 2003, Paper           
          No. 9, entered as per the Advisory Action dated May 6, 2003,                
          Paper No. 12, with the examiner indicating that the rejections              
          under section 112, ¶1 and ¶2, have been overcome as well as all             
          rejections based on Hein III et al., U.S. Patent No. 5,542,529;             
          see the Brief, page 2).  Claims 1-15 are the only other claims              
          pending in this application and stand withdrawn from                        






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