Ex Parte Bruce 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                   for publication and is not binding precedent of the Board.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 ROBERT B. BRUCE and DAVID M. HARRISS                    
                                     ____________                                     
                                 Appeal No. 2005-0146                                 
                              Application No. 10/274,635                              
                                     ____________                                     
                                       ON BRIEF                                       
                                      __________                                      
          Before PAK, WALTZ, and DELMENDO, 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 21 through 26 and 28 through 31, 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 a                
          process for reducing fungal growth in a building comprising                 
          finishing portions of the building which are prone to water                 
          accumulation with gypsum-core construction material, as well as the         
          gypsum-core construction material itself (Brief, page 2).  In this          





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