The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 30 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _____________ Ex parte WARD T. BROWN and JAMES C. DAY _____________ Appeal No. 2002-1791 Application No. 08/588,945 ______________ ON BRIEF _______________ Before KIMLIN, PAK, and LIEBERMAN, Administrative Patent Judges. PAK, Administrative Patent Judge. DECISION ON APPEAL This is a decision on an appeal under 35 U.S.C. § 134 from the examiner’s final rejection of claims 26 and 27, which are all the claims pending in the above-identified application. According to appellants (Brief, page 4), “the rejected claims stand or fall together.” Therefore, for purposes of this appeal, we select claim 26 as representative of all the claims on appeal and decide the propriety of the examiner’s rejection based on this claim alone consistent with 37 CFR § 1.192(c)(7)(2000).Page: 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007