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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 40 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte BERNARD ROIZMAN and FENYONG LIU ____________ Appeal No. 1996-2639 Application No. 08/176,320 ____________ ON BRIEF ____________ Before WILLIAM F. SMITH, ROBINSON, and SPIEGEL, Administrative Patent Judges. SPIEGEL, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final rejection of claims 6 through 13, 22, 43, 58, 63 and 66 through 71, which are all of the claims pending in this application. 1 Initially, we note that the examiner entered three new grounds of rejection, i..e, (1) of claims 58 and 63 under 35 U.S.C. § 102 as anticipated by or, in the alternative, under 35 U.S.C. 1 Notwithstanding entry authorization by the examiner (see answer, page 3), appellants’ request to cancel claim 23 (see brief, page 1) has not been physically entered in the file record. This clerical processing oversight should be corrected upon return of the above identified application to the jurisdiction of the examiner.Page: 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007