The opinion in support of the decision being
entered today is not binding precedent of the board
Paper 22
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ALAN A. RUBIN
____________
Appeal 2001-1035
Application 08/835,4821
____________
Before: WILLIAM F. SMITH, Administrative Patent Judge, and
McKELVEY, Senior Administrative Patent Judge , and
POTEATE, Administrative Patent Judge.
McKELVEY, Senior Administrative Patent Judge .
Decision on appeal under 35 U.S.C. § 134
The appeal is from a decision of a primary examiner
rejecting claims 1 and 11-12. We affirm.
A. Findings of fact
The record supports the following findings by at least a
preponderance of the evidence. 2
1 Application for patent filed 8 April 1997. The named inventor is
the real party in interest (Paper 20, Supplemental Appeal Brief, page 1).
2 To the extent these findings of fact discuss legal issues, they may be
treated as conclusions of law.
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