Ex Parte LEVY - 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                                        today was not written for publication and is not binding                                                          
                                        precedent of the Board.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 RICHARD LEVY                                                                         
                                                                  ______________                                                                          
                                                               Appeal No. 2005-2667                                                                       
                                                               Application 08/943,125                                                                     
                                                                 _______________                                                                          
                                                                     ON BRIEF:                                                                            
                                                                 _______________                                                                          
                  Before PAK, WARREN and KRATZ, Administrative Patent Judges.                                                                             
                  WARREN, Administrative Patent Judge.                                                                                                    
                                                     ORDER VACATING ORAL HEARING                                                                          
                           On January 25, 2006, Mr. Craig R. Feinberg, a Program and Resources Administrator of                                           
                  the Board of Patent Appeals and Interferences, informed appellant’s counsel, Mr. Robert J.                                              
                  Eichelburg, that the Merits Panel assigned to this application had decided to reverse the decision                                      
                  of the examiner.  Mr. Feinberg further informed Mr. Eichelburg that therefore, the Oral Hearing                                         
                  scheduled for January 25, 2006, will be vacated.                                                                                        
                           Accordingly, as counsel was informed on January 25, 2006, it is ORDERED that the Oral                                          
                  Hearing scheduled for 1:00 PM on January 25, 2006, is VACATED.                                                                          
                                                         Decision on Appeal and Opinion                                                                   
                           We have carefully considered the record in this appeal under 35 U.S.C. § 134, and based                                        
                  on our review, find that we cannot sustain the rejection of appealed claims 43, 44, 49, 50, 55 and                                      
                  56 under 35 U.S.C. § 102(b) as being anticipated by the Geursen et al. (Geursen) references                                             



                                                                     - 1 -                                                                                



Page:  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007