Ex Parte Schoedinger - 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         not written for publication and is not binding precedent of the            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. 17          

                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    __________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    __________                                      
                           Ex parte KEVIN D. SCHOEDINGER                            
                                    __________                                      
                                Appeal No. 2004-2180                                
                             Application No. 10/131,020                             
                                    ___________                                     
                                      ON BRIEF                                      
                                    ___________                                     
         Before HAIRSTON, WARREN, and DELMENDO, Administrative Patent               
         Judges.                                                                    
         DELMENDO, Administrative Patent Judge.                                     


                                 DECISION ON APPEAL                                 
              This is a decision on an appeal under 35 U.S.C. § 134                 
         (2003) from the examiner’s final rejection of claims 1 and 2               
         (final Office action mailed Sep. 11, 2003, paper 9) in the                 
         above-identified application.1  The other pending claims (claims           


                                                                                   
              1  After final rejection of the appealed claims, the                  
         appellant submitted an amendment pursuant to 37 CFR § 1.116                
         (2003)(effective Feb. 5, 2001) on Dec. 8, 2003, proposing a                
         change to claim 2.  This amendment has been entered for purposes           





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