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for publication and is not binding precedent of the Board.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 DAVID A. BERNHARDT
____________
Appeal No. 2002-0962
Application No. 09/017,959
____________
HEARD: Nov. 5, 2003
____________
Before FRANKFORT, STAAB, and NASE, Administrative Patent Judges.
STAAB, Administrative Patent Judge.
DECISION ON APPEAL
David A. Bernhardt (appellant) appeals from the examiner’s
final rejection of claims 17-28, all the claims currently pending
in the application.
This is the second appeal to this Board involving the present
application. In a decision mailed January 30, 2001, a merits panel
of this Board affirmed the examiner’s rejection of claims 1-16, all
the claims then pending in the application, under 35 U.S.C.
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