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and is not binding precedent of the Board.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. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ROBERT H. JOHNSTON
____________
Appeal No. 2004-0404
Application No. 08/992,878
____________
ON BRIEF
____________
Before FRANKFORT, McQUADE and NASE, Administrative Patent Judges.
McQUADE, Administrative Patent Judge.
DECISION ON APPEAL
Robert H. Johnston originally took this appeal from the
final rejection (Paper No. 20) of claims 1, 3, 6, 8 and 19, all
of the claims pending in the application. Upon consideration of
the appellant’s main brief (Paper No. 23), the examiner issued an
Office action (Paper No. 24) reopening prosecution and entering a
superseding rejection of the claims. Pursuant to 37 CFR
§ 1.193(b)(2)(ii), the appellant then filed a supplemental brief
(Paper No. 26) with a request that the appeal be reinstated.
Implicitly granting the request, the examiner entered an answer
(Paper No. 27), noted a reply brief (Paper No. 28) filed by the
Page: 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007