Ex Parte Weismiller 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                                    for publication and is not binding precedent of the Board.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 MATTHEW W. WEISMILLER et al.                                             
                                                     ____________                                                       
                                                 Appeal No. 2005-1471                                                   
                                               Application No. 10/028,833                                               
                                                     ____________                                                       
                                                       ON BRIEF                                                         
                                                     ____________                                                       
              Before FRANKFORT, NASE, and BAHR, Administrative Patent Judges.                                           
              NASE, Administrative Patent Judge.                                                                        



                                                DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's final rejection of claims 38, 40 to               
              44 and 65 to 69.  Claims 27, 29 to 37, 39, 45 to 47, 58 to 64 and 70, the only other                      
              claims pending in this application, have been allowed.                                                    


                     We REVERSE.                                                                                        









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