Ex Parte Hansen et al - Page 1






                                       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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.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 THOMAS E. HANSEN                                                           
                                                     and ROBERT PHILLIPS                                                             
                                                         ______________                                                              
                                                      Appeal No. 2005-2131                                                           
                                                      Application 10/000,254                                                         
                                                        _______________                                                              
                                                   HEARD:  October 19, 2005                                                          
                                                        _______________                                                              
               Before GARRIS, WARREN and WALTZ, Administrative Patent Judges.                                                        
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                             
               rejecting claims 1 through 4, 6 through 10 and 18 through 20.  Claims 11 through 17 are also of                       
               record and have been withdrawn from consideration by the examiner under 37 CFR § 1.142(b).1                           
                       Claims 1, 6 and 18 illustrate appellants’ invention of a method of and an apparatus for                       


                                                                                                                                    
               1  Appellants state that “[n]o Amendment was filed after Final Rejection under 37 CFR 1.116. A                        
               Request for Reconsideration was filed on June 30, 2004 and received by the United States Patent                       
               and Trademark Office on July 2, 2004. The Request was considered but no claims allowed”                               
               (brief, page 6).  The examiner states that “[t]he amendment after final filed on June 30, 2004 has                    
               been entered” (answer, page 2).  The official electronic records of the USPTO show that the                           
               amendment filed July 2, 2004, in fact did amend claims 1, 6 and 20, which amendments are                              
               reflected in the appendix to the brief. Claims 11 through 17 remain of record (see the amendment                      
               of July 2, 2004 (page 7)).                                                                                            

                                                            - 1 -                                                                    



Page:  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007