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written for publication and is not binding precedent of the Board.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. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte HYMAN R. LUBOWITZ
and
CLYDE H. SHEPPARD
__________
Appeal No. 1999-1335
Application No. 08/463,437
___________
ON BRIEF
___________
Before GARRIS, KRATZ, 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 47 through 57, 64
through 66, and 68 through 71.1 Claims 1 through 5, 7 through
20, 24 through 44, 72, and 73, which are the only other pending
claims, have been allowed.2 (Examiner's answer, page 3.)
1 In response to the final Office action of December 1, 1997
(paper 10), the appellants submitted an amendment under 37 CFR § 1.116
(1997) on March 16, 1998 (paper 12) proposing, inter alia, a change to
claim 64. According to the examiner, this amendment has been entered.
(Advisory action of April 29, 1998, paper 14.)
2
Claims 6 and 21 through 23 were canceled subsequent to the
final Office action in the amendments under 37 CFR § 1.116 filed March
16, 1998 and August 5, 1998, papers 12 and 21, respectively.
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