The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 18 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte DAVE W. GORDON ____________ Appeal No. 2003-1349 Application No. 09/768,969 ____________ ON BRIEF ____________ Before COHEN, 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 9 to 13, 15 and 16, which are all of the claims pending in this application. We AFFIRM, however, for reasons explained infra, we have denominated our affirmance a new ground of rejection under 37 CFR § 1.196(b).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007