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for publication and is not binding precedent of the Board.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 EDWARD L. INGRAM and MARY E. SCOTT
__________
Appeal No. 2003-0443
Application No. 09/465,653
__________
ON BRIEF
__________
Before WINTERS, ADAMS and GREEN, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 1-7, which are all the claims pending in the
application.
Claim 3 is illustrative of the subject matter on appeal and is reproduced
below:
3. A composition which consists essentially of a combination of:
c. Alchohol [sic];
d. Turpentine; and
e. Eucalyptus Oil;
and wherein said combination comprises an amount of alcohol from
about 25 percent to 40 percent by volume.[1]
1 It is unclear on this record why the lettered bullets in this claim start at letter “c” and not - - a - -.
For the purposes of this appeal we assume that a typographical error was made and the bullets
should be lettered - - a–c - - and not “c-e”. We encourage the examiner to clarify this issue prior
to any further action on the merits.
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