Ex Parte PORTER et al - Page 4



                Appeal No. 2003-1016                                                                                  Page 4                    
                Application No. 09/450,999                                                                                                      
                         One further matter warrants attention.  On page 9 of the Examiner's Answer                                             
                (Paper No. 30), we note a red box with red print and associated symbols.  Such indicia                                          
                appear highly irregular and unauthorized for use in official government correspondence.                                         
                Nor is it clear what purpose such indicia serve.  We think it advisable that the examiner                                       
                consult with appropriate PTO officials before using such indicia in the future.1                                                

                                                                 Conclusion                                                                     
                         In conclusion, we reverse the examiner's rejection under 35 U.S.C. § 112,                                              
                second paragraph.  We also invite attention to the red box with red print and associated                                        
                symbols appearing at page 9 of Paper No. 30 because such indicia appear highly                                                  
                irregular and unauthorized for use in official government correspondence.                                                       
                                                                REVERSED                                                                        

                                                                                    )                                                           
                                                  Sherman D. Winters                         )                                                  
                                                  Administrative Patent Judge                )                                                  
                                                                                             )                                                  
                                                                                             )                                                  
                                                                                             ) BOARD OF PATENT                                  
                                                  Donald E. Adams                            )                                                  
                                                  Administrative Patent Judge                )   APPEALS AND                                    
                                                                                             )                                                  
                                                                                             )                                                  
                                                                                             ) INTERFERENCES                                    
                                                  Demetra J. Mills                           )                                                  
                                                  Administrative Patent Judge                )                                                  





                         1   On this record, the red box with red print and associated symbols first appeared at page 10 of                     
                the Final Rejection (Paper No. 25).  Such indicia also appear in Paper Nos. 27 and 32.                                          





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