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for publication and is not binding precedent of the Board.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. 32
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte CHARLES H. TOLMAN
____________
Appeal No. 2003-1573
Application No. 08/854,407
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ON BRIEF
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Before OWENS, WALTZ, and TIMM, 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 through 3, 5, 6, 9 through 12, 14, 15,
and 25 through 29, which are the only claims remaining in this
application.1 We have jurisdiction pursuant to 35 U.S.C. § 134.
1As correctly noted by the examiner, claim 8 was mistakenly
listed as included in the finally rejected and appealed claims
but was cancelled before the final rejection (Answer, page 1, and
page 2, ¶(3)). Therefore on this record claim 8 is not part of
the claims on appeal.
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Last modified: November 3, 2007