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for publication and is not binding precedent of the Board.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. 12
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte TOBIN A. ROBERTSON and LAWRENCE L. WELCH III
____________
Appeal No. 2001-0735
Application No. 09/135,390
____________
ON BRIEF
____________
Before COHEN, FRANKFORT, and NASE, Administrative Patent Judges.
NASE, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final
rejection of claims 1, 2 and 4, which are all of the claims
pending in this application.1
1In the status of claims section of the brief (p. 2), the
appellants canceled claims 5 and 6. The examiner indicated in
the answer (p. 2) that the status of the claims contained in
the brief was correct, which we understand to be the
examiner's approval of the cancellation of claims 5 and 6. We
note that this cancellation of claims 5 and 6 has not been
clerically performed.
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