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not written for publication and is not binding precedent of the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. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte DOMINIQUE D. MESSERLI and DAVID C. PAUL
___________
Appeal No. 2003-1395
Application No. 09/497,123
__________
ON BRIEF
_________
Before WALTZ, KRATZ, and PAWLIKOWSKI, Administrative Patent
Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
final rejection of claims 1, 2, 7, 9, 14, 15 and 17 through 19.1
Claim 4 is the only other claim pending in this application and
stands withdrawn from further consideration by the examiner as
drawn to a non-elected invention (final Office action dated Oct.
1
1Appellants’ amendment subsequent to the final rejection was
refused entry by the examiner (see the amendment dated Jan. 28,
2002, Paper No. 10, refused entry as per the Advisory Action
dated Feb. 28, 2002, Paper No. 11; see also the Brief, page 2).
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