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not written for publication and is not binding precedent of the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. 73
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte DANIEL A. JAPUNTICH,
VAUGHN B. GRANNIS, HAROLD J. SEPPALA
and ANTHONY B. FERGUSON
__________
Appeal No. 2003-1945
Application No. 08/240,877
___________
HEARD: April 27, 2004
___________
Before COHEN, FRANKFORT, and MCQUADE, Administrative Patent
Judges.
MCQUADE, Administrative Patent Judge.
DECISION ON APPEAL
Daniel A. Japuntich et al. originally took this appeal from
the final rejection (Paper No. 51) of claims 34 through 38, 40
through 74 and 78 through 81, all of the claims pending in the
application. Upon consideration of the appellants’ main brief
(Paper No. 54), the examiner issued an Office action (Paper No.
56) reopening prosecution and entering superseding rejections of
the claims. Implicitly requesting that the appeal be reinstated
pursuant to 37 CFR § 1.193(b)(2)(ii), the appellants filed a
supplemental brief (Paper No. 57) and a proposed amendment of
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