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for publication and is not binding precedent of the Board.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. 26
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte CHARLES O. TOWNLEY
____________
Appeal No. 2002-2198
Application No. 09/408,409
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ON BRIEF
____________
Before FRANKFORT, McQUADE, and NASE, Administrative Patent Judges.
NASE, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 2 to 14
and 19 to 25, which are all of the claims pending in this application.1
We REVERSE.
1 Claims 2, 19, 20 and 23 were amended subsequent to the final rejection. The rejection of claim
23 under 35 U.S.C. § 112 set forth in the final rejection was not set forth in the examiner's answer. We
assume that this ground of rejection has been withdrawn by the examiner. See Ex parte Emm, 118 USPQ
180, 181 (Bd. App. 1957).
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