Ex Parte Heilmayr - 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                          for publication and is not binding precedent of the Board.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 Peter F. Heilmayr                                             
                                                ____________                                                     
                                              Appeal 2007-1169                                                   
                                            Application 09/850,857                                               
                                           Technology Center 1700                                                
                                                ____________                                                     
                                            Decided: 31 July 2007                                                
                                                ____________                                                     

                Before ADRIENE LEPIANE HANLON, MICHAEL P. TIERNEY and                                            
                JAMES T. MOORE, Administrative Patent Judges.                                                    
                TIERNEY, Administrative Patent Judge.                                                            


                                           DECISION ON APPEAL                                                    
                       This is a 35 U.S.C. § 134 appeal in the above-referenced case1 of                         
                claims 1, 3 and 5-8.  Claim 9, the only other pending claim in the application                   
                is withdrawn from consideration as being directed to a non-elected                               

                                                                                                                
                1 The real party in interest is Peter F. Heilmayr.  (Br 3).                                      



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