Ex Parte ALVARREZ 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          and is not binding precedent of the Board.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. 24           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                      Ex parte ROBERT ALVARREZ, PAUL R. MOEHLE                        
                                and HAROLD T. KELLHER                                 
                                    ____________                                      
                                Appeal No. 2005-0883                                  
                             Application No. 08/964,518                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      

          Before MCQUADE, NASE and KRASS, Administrative Patent Judges.               
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Robert Alvarrez et al.1 appeal from the final rejection of             
          claims 1 through 14, all of the claims pending in the                       
          application.2                                                               


               1 Although the various papers of record filed by the                   
          appellants, including the declaration and power of attorney,                
          indicate that the name of the first listed applicant is Robert              
          Alvarrez, the papers of record generated by the USPTO show the              
          name as Robert Alvarrez.  This inconsistency should be rectified            
          upon return of the application file to the technology center.               
               2 Claims 1, 6 and 10 have been amended subsequent to final             
          rejection.  After initially refusing to enter the subject                   
          amendments, the examiner reconsidered and entered same in                   
          response to a petition filed by the appellants.                             





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