The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 34 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte MARK D. CARMAN __________ Appeal No. 1997-2510 Application No. 07/868,539 __________ ON BRIEF __________ Before WINTERS, SCHEINER, and ADAMS, Administrative Patent Judges. ADAMS, Administrative Patent Judge. DECISION ON APPEAL1 This is a decision on the appeal under 35 U.S.C. § 134 from the examiner’s rejection2 of claims 1 and 3-11, which are all the claims pending in the application. 1 We note that the “Request for Withdrawal as Attorney”, received January 31, 2001 (Paper No. 32) was granted (Paper No. 33, mailed February 21, 2001). As set forth in Paper No. 33, “[n]o action will be taken in the appeal by the Board of Patent Appeals and Interferences for at least 30 days from the date of this letter so that the applicant will have sufficient time to obtain other representation or take appropriate action.” Since the mailing of Paper No. 33, no further communication was received from appellant, or appellant’s representative. 2 We note that this appeal is from the examiner’s non-Final Rejection (Paper No. 24, mailed June 15, 1995), of claims 1 and 3-11, which were “twice rejected” at the time the Notice of Appeal was filed. See 37 CFR § 1.191(a).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007