Ex Parte Kinsman et al - Page 1
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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for publication and is not binding precedent of the Board.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
Ex parte LARRY D. KINSMAN, JERRY M. BROOKS, WARREN M. FARNWORTH,
WALTER L. MODEN and TERRY R. LEE
Appeal No. 2005-1398
Application No. 10/202,359
Before FRANKFORT, NASE and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 1-3, 7
and 8, as amended subsequent to the final rejection. According to the examiner’s
answer (page 3), claims 4-6 and 9-17, the only other claims pending in this application,
stand allowed. The obviousness-type double patenting rejection set forth in the final
rejection has apparently been withdrawn,1 as it has not been re-stated in the answer.
1 The record appears to indicate that this rejection was overcome by the filing of a Terminal
Disclaimer on September 2, 2003.
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Last modified: November 3, 2007