Ex Parte Villagran 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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.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. 20                            
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                     AND INTERFERENCES                                                               
                                                        _______________                                                              
                               Ex parte MARIA DOLORES MARTINEZ-SERNA VILLAGRAN,                                                      
                                            JOAN CAROL WOOTEN, JIANJUN LI,                                                           
                                    DONALD RAY PATTON and EILEEN MARIE BOYLE                                                         
                                                         ______________                                                              
                                                      Appeal No. 2004-2164                                                           
                                                      Application 09/553,894                                                         
                                                        _______________                                                              
                                                            ON BRIEF                                                                 
                                                        _______________                                                              
               Before WARREN, OWENS and KRATZ, Administrative Patent Judges.                                                         
               WARREN, Administrative Patent Judge.                                                                                  
                                                 Decision on Appeal and Opinion                                                      
                       We have carefully considered the record in this appeal under 35 U.S.C. § 134, including                       
               the opposing views of the examiner in the answer and appellants in the brief, and based on our                        
               review, find that we cannot sustain the grounds of rejection advanced on appeal:  appealed                            
               claims 1 through 5 and 7 through 15 under 35 U.S.C. § 103(a) as being unpatentable over                               
               Villagran et al. (Villagran);  appealed claims 6 under 35 U.S.C. § 103(a) as being unpatentable                       
               over Villagran in view of Gisaw et al. (Gisaw);  and appealed claim 3 under 35 U.S.C. § 112,                          
               second paragraph,                                                                                                     





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