Ex Parte Masini - 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                                     for publication and is not binding precedent of the Board.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 MICHAEL A. MASINI                                                 
                                                      ____________                                                       
                                                  Appeal No. 2005-1675                                                   
                                               Application No. 09/523,503                                                
                                                      ____________                                                       
                                                        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 (mailed April 15,                  
              2003) of claims 8 to 16.  Claims 1 to 7, the only other claims pending in this application,                
              have been withdrawn from consideration.  Subsequent to the final rejection, the                            
              examiner withdrew the non-prior art rejections of claims 12 to 16.1  Consequently,                         
              claims 8 to 13, 15 and 16 remain on appeal.  Claim 14 would be allowable if rewritten in                   
              independent form.                                                                                          


                     We AFFIRM.                                                                                          

                     1See page 2 of the answer (mailed March 19, 2004).                                                  




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