Ex Parte Roth 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                   for publication and is not binding precedent of the Board.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. 16         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                          Ex parte ARSENE ROTH and JEAN VIAUD                         
                                     ____________                                     
                                 Appeal No. 2004-1211                                 
                              Application No. 09/945,418                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, KRATZ and JEFFREY T. SMITH, Administrative Patent            
          Judges.                                                                     
          GARRIS, Administrative Patent Judge.                                        

                                  DECISION ON APPEAL                                  
               This is a decision on an appeal from the final rejection of            
          claims 1-10 which are all of the claims in the application.  On             
          page 3 of the answer, the Examiner has indicated that claims 2-10           
          now stand objected to as being dependent upon rejected claim 1 but          
          otherwise allowable.  Therefore, we hereby dismiss the appeal as to         
          claims 2-10, thus leaving independent claim 1 as the sole claim             
          before us.                                                                  






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