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for publication and is not binding precedent of the Board.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 STEPHEN ANDERSON and GAETANO MONTELIONE
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Appeal No. 2004-2139
Application No. 09/181,601
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ON BRIEF
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Before ELLIS, SCHEINER and MILLS, Administrative Patent Judges.
ELLIS, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal pursuant to 35 U.S.C. § 134 from the examiner’s final rejection
of claims 1, 3-14. Claims 2, 15, 16 and 17 have been canceled.
As a preliminary matter, we note the appellants’ statement that the claims stand
or fall together. Brief, p. 4. Accordingly, for purposes of this appeal, we consider the
issues as they apply to representative claim 1 which reads as follows:
1
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