Ex Parte Daily 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          and is not binding precedent of the Board.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. 22          
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                       Ex parte TIMOTHY H. DAILY, JIRI PAZDIREK                       
                                 and ROBERT G. BUDZYN                                 
                                     ____________                                     
                                 Appeal No. 2005-1126                                 
                              Application No. 09/846,141                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before FRANKFORT, MCQUADE and NASE, Administrative Patent Judges.           
          MCQUADE, Administrative Patent Judge.                                       
                                  DECISION ON APPEAL                                  
               Timothy H. Daily et al. originally took this appeal from the           
          final rejection of claims 2 through 18 and 22 through 27.  As the           
          appellants have since canceled claims 22 through 27, the appeal             
          now involves claims 2 through 18, all of the claims currently               
          pending in the application.                                                 
                                   THE INVENTION                                      
               The invention relates to “stabilizer bars, such as the                 
          stabilizer bars used in automotive suspensions” (specification,             
          page 1).  Representative claims 2 and 5 read as follows:                    




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