Ex Parte Garelli - 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                         for publication and is not binding precedent of the Board.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 STEPHEN T. GARELLI                                            
                                              ____________                                                  
                                            Appeal 2007-1922                                                
                                          Application 10/051,200                                            
                                         Technology Center 1700                                             
                                              ____________                                                  
                                          Decided: May 23, 2007                                             
                                              ____________                                                  
               Before THOMAS A. WALTZ, PETER F. KRATZ, and JEFFREY T.                                       
               SMITH, Administrative Patent Judges.                                                         
               WALTZ, Administrative Patent Judge.                                                          


                                         DECISION ON APPEAL                                                 
                      This is a decision on an appeal from the Primary Examiner’s rejection                 
               of claim 8.  Claims 1-7 are the only other claims pending in this application                
               but stand withdrawn from further consideration as directed to a non-elected                  
               invention (Br. 1).  Although the rejection appealed from is a non-final                      
               rejection, we have jurisdiction under 35 U.S.C.  6 and 134 since the                       
               claims on appeal have been twice presented and rejected.  See Ex parte                       
               Lemoine, 46 USPQ2d 1420, 1423 (BPAI 1998).                                                   




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