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written for publication and is not binding precedent of the Board.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. 51
UNITED STATES PATENT AND TRADEMARK OFFICE
________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte BRAD L. KIRKWOOD,
THOMAS S. LUHMAN,
RONALD R. STEPHENSON,
and
MICHAEL STRASIK
__________
Appeal No. 2002-04051
Application No. 07/325,269
__________
ON BRIEF
__________
Before WILLIAM F. SMITH, Administrative Patent Judge, McKELVEY,
Senior Administrative Patent Judge, and POTEATE, Administrative
Patent Judge.
POTEATE, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final
rejection of claims 3, 19 and 22-24. Claims 1, 2, 4-18, 20 and
1This Merits Panel has reviewed this appeal concurrently with
Appeal No. 2001-0087, related Application No. 08/960,582, a divisional
of the present application. In the present case, the Examiner's
Answer was mailed on June 10, 1997. For reasons not clear from the
record, the file was not forwarded to the Board for review of the
appeal until January 16, 2002. In view of these circumstances, we
have taken this case up for decision out of turn.
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