Ex Parte Masters 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               written for publication and is not binding precedent of the Board.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 MARTIN W. MASTERS, MATTHEW PIETRAFITTA,                    
                                 and THERESE VELDE                                    
                                    _____________                                     
                                Appeal No. 2005-1380                                  
                             Application No. 09/944,314                               
                                   ______________                                     
                              HEARD: AUGUST 10, 2005                                  
                                   _______________                                    
          Before WALTZ, KRATZ, and PAWLIKOWSKI, Administrative Patent                 
          Judges.                                                                     
          WALTZ, Administrative Patent Judge.                                         
                                                                                     
          DECISION ON APPEAL                                                          
               This is a decision on an appeal from the primary examiner’s            
          non-final rejection of claims 1 through 3, 5 through 10 and                 
          12 through 17, which are the only claims pending in this                    
          application.  Although the action appealed from was a non-final             
          rejection, we have jurisdiction since the claims were twice                 
          rejected.  See 35 U.S.C.  134 (2003) and Ex parte Lemoine,                 
          46 USPQ2d 1420, 1422-23 (Bd. Pat. App. & Int. 1998).                        





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