The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte DOUGLAS W. AKERS
____________
Appeal No. 2005-0855
Application No. 10/269,807
____________
HEARD: May 18, 2005
____________
Before PATE, MCQUADE, and BAHR, Administrative Patent Judges.
MCQUADE, Administrative Patent Judge.
DECISION ON APPEAL
Douglas W. Akers originally took this appeal from the final
rejection (mailed June 16, 2003) of claims 1 and 8 through 39,
all of the claims pending in the application. After the
appellant’s main and reply briefs (filed October 3, 2003 and
January 13, 2004) and an examiner’s answer (mailed December 1,
2003) had been made of record, the examiner issued an Office
action (mailed February 25, 2004) reopening prosecution and
entering superseding rejections of all of the claims. Pursuant
to 37 CFR § 1.193(b)(2)(ii), the appellant then submitted a
request that the appeal be reinstated (filed April, 14, 2004) and
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