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publication and is not binding precedent of the Board.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. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MICHAEL H. WIGLER and JOHN J. COLICELLI
__________
Appeal No. 1999-1351
Application 08/471,884
__________
HEARD:
August 9, 2001
__________
Before WINTERS, MILLS, and GRIMES, Administrative Patent Judges.
WINTERS, Administrative Patent Judge.
DECISION ON APPEAL
In Paper No. 10 received September 17, 1997, applicants filed a notice of appeal
from the examiner’s decision finally rejecting claims 22 through 31, which are all of the
claims remaining in the application. Subsequently, in Paper No. 22 received August 1,
2001, applicants proffered an amendment canceling claims 22 through 30. According to
applicants, “claims 22-30 are cancelled in favor of the claims in US Patent No.
6,080,540 which issued on June 27, 2000 subsequent to briefing of the present appeal.”
We shall construe the proffered amendment as a withdrawal of the appeal of claims 22
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