1The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 65
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte EDWARD HERBERT
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Appeal No. 2002-0629
Application No. 08/236,378
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HEARD: OCTOBER 10, 2002
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Before STAAB, NASE and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 4, 16
and 19. Claims 10 and 13-15 have been canceled (Paper No. 46) and claims 17, 18
and 20-24 have been canceled (Paper No. 56, subsequent to the final rejection).
Appellant “withdrew” claims 1-3, 5-9, 11 and 12 (Paper No. 26), which the examiner
(Paper No. 33) apparently interpreted as cancellation of these claims.
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