Ex Parte Wirth 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                                for publication and is not binding precedent of the Board.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 JOHN WIRTH JR., JAY L. SANGER,                                  
                               CHARLES H. LATVEN  and KEVIN J. FLEMING                                   
                                              ____________                                               
                                           Appeal No. 2005-0948                                          
                                         Application No. 09/922,938                                      
                                              ____________                                               
                                           HEARD: May 4, 2005                                            
                                              ____________                                               
            Before FRANKFORT, McQUADE, and NASE, Administrative Patent Judges.                           
            NASE, Administrative Patent Judge.                                                           



                                          DECISION ON APPEAL                                             
                  This is a decision on appeal from the examiner's non-final rejection of claims 12,     
            14 to 16 and 18 to 21.  Claims 1 to 10, the only other claims pending in this application,   
            have been allowed.                                                                           


                  We REVERSE.                                                                            







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