The opinion in support of the decision being entered today was not written for publication in
a law journal and is not binding precedent of the Board.
Paper No. 56
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JEANE SEGALL and LEONARD M. SHORR
__________
Appeal No. 2001-0452
Application 08/073,969
__________
HEARD: APRIL 3, 2001
__________
Before WINTERS, SCHEINER, and GRIMES, Administrative Patent Judges.
WINTERS, Administrative Patent Judge.
DECISION ON APPEAL
Initially, we note the examiner’s statement in the Final Rejection that claims 27
through 31 and 38 through 67 are the only claims pending in this application (Paper No. 41,
mailed September 3, 1999). Likewise, applicants’ Notice of Appeal (Paper No. 43,
received January 3, 2000) refers only to claims 27 through 31 and 38 through 67 and the
Appeal Brief, page 1, states that those claims “are present in the case and are on appeal”
(Paper No. 46, received March 28, 2000). According to applicants and the examiner,
therefore, the only claims presented for review are claims 27 through 31 and 38 through 67.
We point out, nonetheless, that there are other claims pending in the application,
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