The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 55 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte MICHAEL L. LUBIN, SETON P. KASMIR, KATHRYN A. KUBASAK, GREGORY A. HEIN, SURENDRA B. MANDAVA, CHANCHAI POONPOL, SHAHIN HEDAYAT, and DONALD W. BURTIS ____________ Appeal No. 1999-2028 Application No. 08/769,036 ____________ ON BRIEF ____________ Before JERRY SMITH, FLEMING, and GROSS, Administrative Patent Judges. GROSS, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal from the examiner's final rejection of claims 67 through 69, 71, 73 through 82, 88 through 93, and 95. Claims 70 and 94 have been indicated as being allowable.1 1The examiner states under the heading "Status of Claims" that claims 83, 84, 86, and 87 are allowed, but then includes claims 83, 84, and 87 in the statement and discussion of the rejection. We assume from the prosecution history that claims 83, 84, 86, and 87 contain allowable subject matter, that claims 83, 84, and 87 were inadvertently included in the rejection, and that none of claims 83, 84, 86, and 87 are before us on appeal.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007