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for publication and is not binding precedent of the Board.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. 37
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte BENJAMIN JOFFE
____________
Appeal No. 1999-2328
Application No. 08/485,492
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HEARD: April 23, 2002
____________
Before ABRAMS, FRANKFORT, and NASE, Administrative Patent Judges.
ABRAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 1, 2, 6-8
and 11. Claims 3-5, 9, 10 and 12-21 have been withdrawn from consideration as being
directed to a non-elected species.
WE REVERSE THE STANDING REJECTIONS UNDER 35 U.S.C. § 112 AND
REMAND THE APPLICATION TO THE EXAMINER FOR CONSIDERATION OF
MATTERS CONCERNING THE REJECTIONS UNDER 35 U.S.C. § 102.
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