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                         for publication and is not binding precedent of the Board.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               but stand withdrawn from further consideration as directed to a non-elected                  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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