The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.
Paper No. 11
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JOAQUIN E. LUNA
and
SCOTT A. WHEELLOCK
____________
Appeal No. 1997-3388
Application No. 08/060,767
____________
ON BRIEF
____________
Before JOHN D. SMITH, KRATZ, and DELMENDO, Administrative Patent
Judges.
KRATZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final
rejection of claims 1-6. Claim 7, the sole remaining pending
claim in this application stands withdrawn from further
consideration by the examiner as drawn to a non-elected
invention.1
1We note that the propriety of the examiner’s restriction
requirement and the subsequent withdrawal of nonelected claim
7 from further consideration by the examiner as a result of
the election made by appellants relate to a petitionable
matter and not to an appealable matter. See Manual of Patent
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