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publication and is not binding precedent of the Board.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. 28
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte SCOTT W. HARDEN and DAVID R. HARDEN
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Appeal No. 1997-4200
Application No. 08/428,790
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HEARD: January 24, 2001
____________
Before OWENS, LIEBERMAN and DELMENDO, Administrative Patent
Judges.
DELMENDO, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal under 35 U.S.C. § 134
from the examiner’s final rejection of claims 1 through 8 and
15. Claims 9 through 14, which are the only other claims1
remaining in the application, stand withdrawn from further
Although appealed claim 15 was omitted from the statement of rejection1
in the final Office action (Paper 14), the appellants and the examiner agree
that the claim should be treated as finally rejected. (Appeal Brief, page 2;
Examiner’s Answer, page 2.)
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