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not written for publication and is not binding precedent of the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. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte PAUL D. BEUTHER,
RICHARD J. KAMPS
and KURT W. OSTERMEIER
__________
Appeal No. 2003-1818
Application 09/223,602
___________
HEARD: December 9, 2003
___________
Before COHEN, STAAB, and MCQUADE, Administrative Patent Judges.
MCQUADE, Administrative Patent Judge.
DECISION ON APPEAL
Paul D. Beuther et al. originally took this appeal from the
final rejection (Paper No. 11) of claims 8 and 10 through 13, all
of the claims pending in the application. Upon consideration of
the appellants main brief (Paper No. 18), the examiner issued an
Office action (Paper No. 19) reopening prosecution and entering
superseding rejections of all of the claims. Pursuant to 37 CFR
§ 1.193(b)(2)(ii), the appellants then filed a supplemental brief
(Paper No. 21) and requested that the appeal be reinstated.
Implicitly granting the request, the examiner entered an answer
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