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for publication and is not binding precedent of the Board.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. 58
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte EARL R. ERNSBERGER
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Appeal No. 2002-0726
Application No. 08/606,762
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HEARD: March 4, 2003
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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,
4-6, 8, 10, 11, 18, 19 and 23-25. Claims 7, 12, 15, 171 and 20 have been indicated as
containing allowable subject matter, and claims 3, 9, 13, 14, 16, 21 and 22 have been
canceled.
We REVERSE.
1Claim 17 was not listed by the examiner as containing allowable subject matter. However, this
apparently is an inadvertent omission, in that claim 17 depends from claim 12, which was so listed.
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