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for publication and is not binding precedent of the Board.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 DAVID CHARLES WAUGH
and LEALON RAY MCKENZIE
____________
Appeal No. 2001-1211
Application No. 09/070,5801
____________
HEARD: OCTOBER 8, 2002
____________
Before HAIRSTON, JERRY SMITH, and SAADAT, Administrative Patent
Judges.
SAADAT, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner’s final
rejection of claim 8. Claims 1-7 have been allowed. The
Examiner has objected to claims 9 and 10 and has indicated their
allowability if rewritten in independent form including all of
the limitations of the base claim and any intervening claims.
We reverse.
1 Application for patent filed April 30, 1998, which claims the filing
priority benefit under 35 U.S.C. § 119 of the provisional Application No.
60/071,160, filed January 13, 1998.
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