Ex Parte Ansari - 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              The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 AHMAD R. ANSARI                                             
                                                 ____________                                                  
                                             Appeal No. 2005-2273                                              
                                           Application No. 10/319,026                                          
                                                 ____________                                                  
                                                   ON BRIEF                                                    
                                                 ____________                                                  
             Before HAIRSTON, BARRY, and LEVY, Administrative Patent Judges.                                   
             BARRY, Administrative Patent Judge.                                                               


                   A patent examiner rejected claims 21-26.1  The appellant appeals therefrom                  
             under 35 U.S.C. § 134(a).  We reverse and enter a new ground of rejection.                        








                   1More specifically, claims 21-26 include independent claim 21 and dependent                 
             claims 22, 23, 24, 25a, 25b, and 26.  "If there are several claims, they shall be                 
             numbered consecutively in Arabic numerals."  37 C.F.R. § 1.75(f).  Here, the rejected             
             claims include claims labeled "25a" and "25b."  (Amended Appeal Br. at 2.)  Being                 
             "basically a board of review," Ex parte Gambogi, 62 USPQ2d 1209, 1211 (Bd.Pat.App.                
             & Int. 2001), we leave the question of whether such alphanumeric labeling satisfies the           
             aforementioned requirement for consecutive numbering in numerals to the examiner                  
             and the appellant.                                                                                





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