Ex parte WARMERDAM et al. - 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                                   for publication and is not binding precedent of the Board.                                                           
                                                                                                                    Paper No. 26                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                              Ex parte LEONARDUS F. P. WARMERDAM and HENDRIK BOEZEN                                                                     
                                                                   ____________                                                                         
                                                           Appeal No. 2000-0142                                                                         
                                                      Application No. 08/705,569                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before HAIRSTON, BARRY, and BLANKENSHIP, Administrative Patent                                                                         
                 Judges.                                                                                                                                
                 BARRY, Administrative Patent Judge.                                                                                                    



                                                             DECISION ON APPEAL                                                                         
                          The examiner rejected the appellants’ claims 1-10, 14,                                                                        
                 15, and 18-22.   They appeal therefrom under 35 U.S.C.1                                                                                                             
                 § 134(a).  We affirm-in-part.                                                                                                          



                          1The appellants reason that claim 17 “is nowhere discussed                                                                    
                 in the Final Rejection and so it must be allowable on the                                                                              
                 present record since there is no factual support for any art                                                                           
                 rejection thereof.”  (Appeal Br. at 18.)  The examiner states,                                                                         
                 “[t]he statement of the status of the claims in the brief is                                                                           
                 correct.”  (Examiner’s Answer at 2.)                                                                                                   





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