The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 23 UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ________________ Ex parte PETER R. STRUTT, BERNARD H. KEAR and ROSS F. BOLAND ________________ Appeal No. 2002-0928 Application 09/315,2511 ________________ ON BRIEF ________________ Before METZ, WARREN and PAWLIKOWSKI, Administrative Patent Judges. METZ, Administrative Patent Judge. DECISION ON APPEAL This is an appeal under 35 U.S.C. § 134 from the examiner's refusal to allow claims 1 through 5 and 8 through 12, which are all the claims remaining in the application. The finally rejected claims were 1 through 6 and 8 through 12 but appellants filed an amendment with their brief which, inter alia, canceled claim 6. The 1 Application for patent filed May 20, 1999. According to the official records of the Patent and Trademark Office (PTO), this application is a division of application Serial Number 09/019,061, filed on February 5, 1998, and now U.S. Patent Number 6,025,034, which issued on February 15, 2000, which is a continuation of application Serial Number 08558,133, filed on November 13, 1995, and now abandoned. 1Page: 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007