Ex Parte Watkins 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                   for publication and is not binding precedent of the Board.         


                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
          Ex parte RANDOLPH H. WATKINS, MICHAEL PRISCO, and JAMES S. SLEPICKA         
                                     ____________                                     
                                 Appeal No. 2004-1692                                 
                              Application No. 09/871,863                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, WALTZ, and TIMM, Administrative Patent Judges.               
          WALTZ, Administrative Patent Judge.                                         


               DECISION ON APPEAL                                                     
               This is a decision on an appeal from the primary examiner’s            
          final rejection of claims 1 and 3 through 28, which are the only            
          claims pending in this application.  We have jurisdiction pursuant          
          to 35 U.S.C. § 134.                                                         
               According to appellants, the invention is directed to                  
          dialyzers for use in dialysis therapies where the dialyzer has an           
          improved header design providing an improved flow of blood into the         
          interior of the dialyzer and specifically to the fiber bundle               
          (Brief, page 3).  Appellants state that arguments are provided for          
          each of the independent claims, with arguments for dependent claims         






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