Ex Parte Daluge et al - Page 1




                            The opinion in support of the decision being entered today was not written                    
                            or publication and is not binding precedent of the Board                                      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 SUSAN MARY DALUGE, GERALD WOLBERG                                                  
                                         and DOUGLAS ALAN LIVINGSTON                                                      
                                              ______________________                                                      
                                                 Appeal No. 2005-0838                                                     
                                              Application No. 10/174,414                                                  
                                              ______________________                                                      
                                                       ON BRIEF                                                           
                                              ______________________                                                      

              Before ELLIS, MILLS 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 18-35.  Claims 1-17 have been canceled, and the examiner has indicated that                       
              claims 36 and 37 are allowable (Office Action mailed July 25, 2003).                                        
                     As a preliminary matter, we note the appellants’ statement on page 3 of the main                     
              brief that the claims stand or fall together.  Accordingly, for purposes of this appeal, we                 



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