Ex Parte Trese 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          not written for publication and is not binding precedent of the             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. 22           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte MICHAEL T. TRESE                               
                                         and                                          
                                 GEORGE A. WILLIAMS                                   
                                     __________                                       
                                Appeal No. 2004-2249                                  
                             Application No. 09/820,159                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before WALTZ, DELMENDO, and JEFFREY T. SMITH, Administrative                
          Patent Judges.                                                              
          DELMENDO, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                   
               This is a decision on an appeal under 35 U.S.C. § 134                  
          (2004) from the examiner’s final rejection of claims 1, 2, 5,               
          and 6 in the above-identified application.  Claims 3 and 4, the             
          only other pending claims, stand “objected to as being dependent            
          upon a rejected base claim” but indicated as “allowable if                  
          rewritten in independent form including all of the limitations              





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