Ex Parte Martter 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                                              and is not binding precedent of the Board.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 H. MARTTER, CRAIG C. SUNDBERG,                                                  
                                   RICHARD N. GIARDINA, BRIAN S. FETSCHER AND                                                    
                                                G. JAMES DEUTSCHLANDER                                                           
                                                         ____________                                                            
                                                     Appeal No. 2005-0128                                                        
                                                  Application No. 10/120,158                                                     
                                                         ____________                                                            
                                                            ON BRIEF                                                             
                                                         ____________                                                            
               Before THOMAS, DIXON, and BARRY, Administrative Patent Judges.                                                    
               DIXON, Administrative Patent Judge.                                                                               


                                                    DECISION ON APPEAL                                                           
                      This is a decision on appeal from the examiner's final rejection of claims 1-4, 7, 8,                      
               19, 21 and 22.  The examiner has indicated that claim 20 would be allowed if rewritten                            
               in independent form.                                                                                              
                      We REVERSE and REMAND.                                                                                     












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