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for publication and is not binding precedent of the Board.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 BRIAN FEENEY and CHRIS WALDECK
____________
Appeal No. 2006-0911
Application No. 09/248,595
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ON BRIEF
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Before FRANKFORT, OWENS, and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claim 3, which
is the only claim pending in this application. This is the second appeal in this
application. In a decision mailed January 27, 2003 (Appeal No. 2002-0979), the
examiner's rejection of claims 1-6, 8-12, 17 and 18 under 35 U.S.C. § 103 was
reversed, a new rejection of claim 11 under 35 U.S.C. § 102 was entered and the
application was remanded to the examiner for consideration of a written description
issue. Subsequent to that decision, appellants cancelled all of the claims except claim
3.
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