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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 15 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte JOHN F. GILGEN __________ Appeal No. 1996-0876 Application 08/123,1441 __________ ON BRIEF __________ Before CAROFF, HANLON and ELLIS, Administrative Patent Judges. ELLIS, Administrative Patent Judge. DECISION ON APPEAL 2 This is an appeal under 35 U.S.C. § 134 from the examiner’s second rejection of claims 1 through 24, all the claims remaining in the application. 1Application for patent filed September 17, 1993. 2We have jurisdiction to consider this appeal since the appellant’s claims have been “twice rejected” within the context of 35 U.S.C. § 134, even though the rejection appealed from was not designated by the examiner as being final.Page: 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007