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not written for publication and is not binding precedent of the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 BRIAN T. BYRNE
__________
Appeal No. 2001-1680
Application 08/890,471
___________
ON BRIEF
___________
Before WILLIAM SMITH, LIEBERMAN, and POTEATE, Administrative
Patent Judges.
POTEATE, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the
examiner’s refusal to allow claims 14-21 and 28.1
1
1 Claims 1-5, 8-13 and 22-25 are pending but have been withdrawn from
consideration as directed to a non-elected invention. Final Rejection,
Paper No. 13, mailed January 5, 2000, page 2. Claims 6 and 7 were
cancelled (Paper No. 12, received October 19, 1999). Claims 26, 27 and
29 were cancelled in an amendment after final (Paper No. 18, received
November 9, 2000), filed with the appeal brief (Paper No. 17, page 2,
paragraph (4). See Examiner’s Answer, Paper No. 19, mailed January 11,
2001, page 2, paragraph (4).
1
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