Ex Parte Brunner - 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          not written for publication and is not binding precedent of the             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. 24                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                           Ex parte ROGER PATRICK BRUNNER                             
                                     __________                                       
                                Appeal No. 2004-1244                                  
                               Application 10/085,280                                 
                                     ___________                                      
                               HEARD: August 17, 2004                                 
                                     ___________                                      

          Before COHEN, FRANKFORT, and MCQUADE, Administrative Patent                 
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Roger Patrick Brunner originally took this appeal from the             
          final rejection (Paper No. 7) of claims 1 through 12, all of the            
          claims pending in the application.  Upon consideration of the               
          appellant’s main brief (Paper No. 12), the examiner issued an               
          Office action (Paper No. 14) reopening prosecution and entering a           
          superseding rejection of the claims.  Pursuant to 37 CFR                    
          § 1.193(b)(2)(ii), the appellant then filed a supplemental brief            
          (Paper No. 16) and requested that the appeal be reinstated.                 








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