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is not binding precedent of the Board.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. 28
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JOHN B. MERRETT,
DEVOR R. TAYLOR, MARK M. WHEELER
and DAN R. GALE
____________
Appeal No. 2002-1214
Application No. 09/062,046
____________
ON BRIEF
____________
Before GARRIS, JEFFREY T. SMITH and MOORE, Administrative Patent
Judges.
JEFFREY T. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
Applicants appeal the decision of the Primary Examiner finally rejecting claims 1 to
8, 10, 11, 13 to 15, 17, 21 and 25 to 45.1 We have jurisdiction under 35 U.S.C.
§ 134.2
1 Claims 9, 12, 16, 18 to 20, 22 to 24 and 46 to 62 have been withdrawn from
consideration due to and election by Appellants resulting from either a restriction requirement
or an election of species. (Brief, p. 2; Answer, p. 2).
2 In rendering this decision, we have considered Appellants’ arguments presented in
the Brief filed May 5, 2001, and the Reply Brief filed October 1, 2001.
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