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publication and is not binding precedent of the Board.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. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte SOO-IL CHOI
____________
Appeal No. 2002-2015
Application No. 09/232,138
____________
HEARD: APRIL 2, 2003
____________
Before RUGGIERO, BARRY, and LEVY, Administrative Patent Judges.
LEVY, 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 1-13 and 15-2012. Claim 14
has been canceled.
1 The rejection of claims 1-5 and 15-20 under 35 U.S.C.
§ 112, second paragraph, has apparently been withdrawn by the examiner
(answer, page 5) who has not repeated the rejection in the examiner's answer,
and states (answer, page ) that "[f]or purposes of this appeal, the examiner
will ignore the rejections under 112, 2nd paragraph and focus solely on the
prior art rejections." See Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).
2 An amendment (Paper No. 13, filed July 24, 2001) submitted subsequent
to the final reaction (Paper No.10, mailed February 7, 2001) was denied entry
by the examiner (Paper No. 14, mailed July 31, 2001).
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