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publication and is not binding precedent of the Board.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. 29
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte MANFRED SCHMIDT
____________
Appeal No. 2000-1712
Application No. 08/624,091
____________
HEARD: May 22, 2001
____________
Before CALVERT, COHEN and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's refusal
to allow claim 17, the only claim pending in this application.
Claim 17 was amended subsequent to the final rejection (see
Paper Nos. 13 and 14).1
The examiner has withdrawn the rejection under 35 U.S.C. § 112, first1
paragraph, set forth in the final rejection and, in light of the amendment of
Paper No. 13, is no longer relying on the teachings of the Melton patent in
rejecting the claim under 35 U.S.C. § 103(a) (answer, p. 2).
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