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written for publication and is not binding precedent of the Board.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. 13
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte MARIE-ESTHER SAINT VICTOR
and GRANNIS S. JOHNSON
____________
Appeal No. 2002-1107
Application No. 09/662,540
____________
ON BRIEF
____________
Before KRATZ, DELMENDO and TIMM, Administrative Patent Judges.
KRATZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner’s final
rejection of claims 1-8, 12-25, 29-42 and 46-51.1 The subject
matter of claims 9-11, 26-28 and 43-45 has been indicated as
allowable by the examiner. Those claims stand objected to as
being dependent upon a rejected base claim. Claim 52, which is
the only other claim that remains pending in this application,
1 We note that the propriety of the examiner’s objection to
claims 18-34 as being substantial duplicates of claims 35-51
relates to a petitionable matter and not to an appealable matter.
See 37 CFR § 1.181 and Manual of Patent Examining Procedure
(MPEP) §§ 706.03(k), 1002 and 1201, (Aug., 2001). Accordingly,
that objection is not before us for review.
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