Ex Parte Marczak 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                              today was not written for publication and is not binding                                
                              precedent of the Board.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 GREGORY S. MARCZAK                                                  
                                                and RICK A. MINNER                                                    
                                                  ______________                                                      
                                                Appeal No. 2005-2573                                                  
                                                Application 09/899,591                                                
                                                  _______________                                                     
                                                     ON BRIEF                                                         
                                                  _______________                                                     
             Before WARREN, OWENS and JEFFREY T. SMITH, Administrative Patent Judges.                                 
             WARREN, Administrative Patent Judge.                                                                     
                                           Decision on Appeal and Opinion                                             
                    We have carefully considered the record in this appeal under 35 U.S.C. § 134, and based           
             on our review, find that we cannot sustain the grounds of rejections advanced on appeal:                 
             appealed claims 1, 3, 4, 6 through 10, 13 through 17, 20, 22, 23, 26 through 28 and 32 under             
             35 U.S.C. § 103(a) as being unpatentable over Arrowsmith et al. (Arrowsmith ‘752) in view of             
             the publication to Arrowsmith et al. (Arrowsmith), and in further view of Shepard, Beckett et al.        
             (Beckett), Schneeberger et al. (Schneeberger) and Mosier (final action mailed September 3, 2004          
             (hereinafter final action), pages 6-9);1  appealed claim 30 under 35 U.S.C. § 103(a) as being            
             unpatentable over Arrowsmith ‘752 in view of Arrowsmith, Shepard, Beckett, Schneeberger and              


                                                                                                                     
             1  The examiner states in the answer (page 2) that the grounds of rejection are set forth in the         
             final action.                                                                                            

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