The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 27 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte REMY F. GROSS, II, JOHN P. DELMORE, and WALTER E. BUSKE1 __________ Appeal No. 2002-2029 Application No. 09/440,037 ___________ ON BRIEF ___________ Before KRATZ, DELMENDO, and MOORE, Administrative Patent Judges. DELMENDO, Administrative Patent Judge. DECISION ON APPEAL This is a decision on an appeal under 35 U.S.C. § 134 (2002) from the examiner’s final rejection of claims 1 through 14 and 20 through 23 (final Office action mailed May 22, 2001, 1 The appellants submitted a request under 37 CFR § 1.48(b) (1997) to delete the third-named inventor, together with a request to cancel non-elected claims 15-19. (Reply filed Oct. 23, 2000, paper 6.) We note, however, that the examiner has not commented on the appellants’ requests. Upon receipt of this application, the examiner should treat the appellants’ requests as may be appropriate under the circumstances.Page: 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007