The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte NICHOLAS C. TALBOT and MICHAEL V. McCUSKER
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Appeal No. 2002-2169
Application No. 09/163,286
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ON BRIEF
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Before FLEMING, BARRY, and BLANKENSHIP, Administrative Patent Judges.
BARRY, Administrative Patent Judge.
DECISION ON APPEAL
A patent examiner rejected claims 1-7 and 12. The appellants appeal therefrom
under 35 U.S.C. § 134(a). We affirm-in-part.
BACKGROUND
The invention at issue on appeal relates to calibrating surveying instruments.
According to the appellants, electronic distance measuring ("EDM") equipment became
commercially available after World War-II and has since been used for surveying.
(Spec. at 1-2.) Miniaturization lead to mounting EDM equipment on theodolites, which
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