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and is not binding precedent of the Board.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 MICHAEL A. LUCARELLI,
DAVID J. FLUCK and LEE C. SOULE
_____________
Appeal No. 2005-1245
Application No. 09/839,762
______________
ON BRIEF
_______________
Before KIMLIN, WALTZ and PAWLIKOWSKI, Administrative Patent
Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
final rejection of claims 1 through 23, which are the only claims
pending in this application. We have jurisdiction pursuant to
35 U.S.C. § 134.
According to appellants, the invention is directed to powder
coating compositions comprising at least one powdered polymer and
a metal oxide which has been sized-reduced to a specified mean
agglomerate particle size (Brief, page 2). Representative
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