The opinion in support of the decision being entered today was not written for
publication and is not binding precedent of the Board.
Paper No. 71
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte LAWRENCE E. D’ANTONIO
__________
Appeal No. 1998-1987
Application No. 07/915,783
__________
HEARD July 24, 2001
__________
Before WILLIAM F. SMITH, MILLS, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 11-16, 18, 27, 29, 68-80, 84-88, and 90-100.1 Claims 68,
18, and 84 are representative and read as follows:
1 Although the file record is somewhat unclear as to the status of some of the claims,
Appellant and the examiner agree that claims 1-9, 20-22, 28, 31-33, 38, 39, 52, 60, and
62-67 were withdrawn from consideration following a restriction requirement. See the
Appeal Brief, page 1, and the Examiner’s Answer, page 2 (“The statement of the status of
claims contained in the brief is now correct.”). In addition, Appellant withdrew his appeal
of claims 81-83. See the “Partial Withdrawal of Appeal” attached to Paper No. 55, filed
October 31, 1997. Therefore, the appeal with respect to claims 81-83 is dismissed.
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