The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 17 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte GREGORY W. GALE ____________ Appeal No. 2001-1462 Application No. 09/306,516 ____________ ON BRIEF ____________ Before ABRAMS, NASE and BAHR, Administrative Patent Judges. BAHR, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal from the examiner's final rejection of claims 7-14. Claims 1-6, the only other claims pending in this application, stand allowed. As claim 8 stands rejected only under the doctrine of obviousness-type double patenting, the examiner having withdrawn the rejection of claim 8 under 35 U.S.C. § 103 on page 2 of the answer, and appellant has not appealed the obviousness-type double patenting rejection, as explained infra, claim 8 is not involved in this appeal. Accordingly, this appeal involves only claims 7 and 9-14.Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007