The opinion in support of the decision being entered today was not written for publication and is not
binding precedent of the Board.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. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte RICHARD T. MURPHY and WOLFGANG R. BERGMANN
__________
Appeal No. 2001-1151
Application No. 08/605,651
__________
ON BRIEF
__________
Before WINTERS, WILLIAM F. SMITH, and SCHEINER, Administrative Patent Judges.
WINTERS, Administrative Patent Judge.
DECISION ON APPEAL
This appeal was taken from the examiner’s decision rejecting claims 1 through 8,
19, 20, 29, 31 through 33 and 35. In Paper No. 17, received March 11, 1997, applicants
proposed an amendment canceling claims 9, 10 and 12, which are the only other claims
remaining in the application. In the advisory action mailed March 28, 1997 (Paper No.
18), the examiner stated that applicants’ proposed amendment canceling claims 9, 10
and 12 “will be entered upon filing of a Notice of Appeal and an Appeal Brief.” We note,
however, that the cancellation of those claims has not yet been physically entered in the
file.
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