Ex Parte WARDLAW - 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                         was not written for publication and is not                   
                              binding precedent of the Board.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 STEPHEN C. WARDLAW                             
                                     ____________                                     
                                 Appeal No. 2004-1944                                 
                              Application No. 09/255,673                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, WALTZ, and KRATZ, Administrative Patent Judges.              
          KRATZ, Administrative Patent Judge.                                         


                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 32-47.  Claims 1-31, which are all of the               
          remaining claims pending in this application, have been withdrawn           
          from further consideration by the examiner as drawn to a non-               
          elected invention.                                                          
                                     BACKGROUND                                       
               Appellant's invention relates to a method for testing                  
          biologic fluid samples.  An understanding of the invention can be           






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