Ex Parte MEGINNISS 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                                    for publication and is not binding precedent of the Board.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 STEPHEN M. MEGINNISS III and                                               
                                               KEVIN T. UNDERWOOD                                                          
                                                      ____________                                                         
                                                  Appeal No. 2006-0626                                                     
                                               Application No. 09/316,990                                                  
                                                      ____________                                                         
                                                        ON BRIEF                                                           
                                                      ____________                                                         
                  Before McQUADE, HANLON and FRANKLIN, Administrative Patent Judges.                                       
                  McQUADE, Administrative Patent Judge.                                                                    

                                                DECISION ON APPEAL                                                         

                         Pursuant to 35 U.S.C. § 134(a), Stephen M. Meginniss III et al. appeal from the                   
                  final rejection of claims 1-5, 9 and 12-14.  Claims 10, 11 and 15-19, the only other claims              
                  pending in the application, stand withdrawn from consideration.                                          
                                                    THE INVENTION                                                          
                         The subject matter on appeal “relates generally to treatment for xerostomia (dry                  
                  mouth) and more particularly concerns an apparatus . . . for such treatment involving                    








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