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written for publication and is not binding precedent of the Board.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. 35
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte FREDERICK MORELLO
_____________
Appeal No. 2001-2689
Application No. 09/215,021
______________
HEARD: JANUARY 10, 2002
_______________
Before FRANKFORT, STAAB, and NASE, Administrative Patent Judges.
STAAB, Administrative Patent Judge.
DECISION ON APPEAL
Frederick Morello appeals from the examiner’s refusal to
allow claims 12-21 and 28 as amended by an amendment1 filed
subsequent to the final rejection in this reissue application of
Patent No. 5,249,445.2 Claims 1-11, which are original patent
claims, and claims 22-27, added by amendment, have been allowed.
1Two amendments subsequent to the final rejection have been
filed. The first, filed on December 4, 2000 (Paper No. 19), has
not been entered. The second, filed on January 4, 2001 (Paper
No. 22) has been entered.
2The instant reissue application was filed on December 17,
1998, approximately 4 years and 10 months subsequent to the issue
date of October 5, 1993 of the original patent.
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