THIS OPINION WAS NOT WRITTEN FOR PUBLICATION The opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board. Paper No. 25 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _____________ Ex parte DAVID T. FLOYD _____________ Appeal No. 95-4477 Application 08/006,3501 ______________ ON BRIEF2 _______________ Before: WILLIAM F. SMITH, Administrative Patent Judge, and McKELVEY, Senior Administrative Patent Judge and SCHAFER, Administrative Patent Judge. McKELVEY, Senior Administrative Patent Judge. Decision on appeal under 35 U.S.C. § 134 The appeal is from a decision of the Primary Examiner rejecting claims 1-14, 21 and 23-25. We vacate the examiner's rejection, and enter a new ground of rejection. Application for patent filed January 19, 1993. The real party in interest is1 believed to be Th. Goldschmidt AG. Applicant requested oral argument. We are informed, however, that applicant2 orally waived oral argument during a telephone conversation with Administrator Amalia Santiago. Accordingly, the appeal is being decided on brief without oral argument.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007