Ex Parte Bazin 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                                          for publication and is not binding precedent of the Board.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 HELENE G. BAZIN                                                                  
                                                       and FRANK W. BARRESI                                                                    
                                                              ___________                                                                      

                                                         Appeal No. 2005-0191                                                                  
                                                      Application No. 09/971,239                                                               
                                                               __________                                                                      

                                                                ON BRIEF                                                                       
                                                               __________                                                                      

                Before, ELLIS, ADAMS and GRIMES, Administrative Patent Judges.                                                                 

                ELLIS, Administrative Patent Judge.                                                                                            


                                                        DECISION ON APPEAL                                                                     

                         This is an appeal pursuant to 35 U.S.C. § 134 from the examiner’s final rejection                                     

                of claims 1-8, 15-19 and 27-34, all the claims pending in the application.  Claims 9-14,                                       

                20-26, and 35-73 have been canceled.                                                                                           

                         As a preliminary matter, we note the appellants’ statement on page 2 of the main                                      

                brief that the claims do not stand or fall together.  The appellants state that there are                                      









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