The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 15 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex parte GONZALO MARTINEZ, CATHERINE TAYLOR, KEN KEENEY and MARKUS HALLER ______________ Appeal No. 2002-2249 Application 09/340,441 _______________ ON BRIEF _______________ Before WARREN, DELMENDO and MOORE, Administrative Patent Judges. WARREN, Administrative Patent Judge. Decision on Appeal and Opinion We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the opposing views of the examiner, in the answer, and appellants, in the brief, and based on our review, find that on this record we cannot sustain grounds of rejections advanced on appeal: appealed claims 1, 3, 4, 10, 12 through 14, 17, 18 and 20 stand rejected under 35 U.S.C. § 102(b) as anticipated by Loh et al. (Loh); appealed claims 15 and 16 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Stewart et al (Stewart); and appealed claims 5, 7, 11 and 19 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Ovshinsky et al. (Ovshinsky) - 1 -Page: 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007