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for publication and is not binding precedent of the Board.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. 25
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte MITCHELL A. MARKOW, DANIEL V. FORLENZA,
KEVIN R. FROST and GREGORY B. MEMO
____________
Appeal No. 2002-1987
Application No. 08/880,0321
____________
ON BRIEF
____________
Before FLEMING, DIXON, and SAADAT, Administrative Patent Judges.
SAADAT, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the Examiner’s final
rejection of claims 34-42. Claims 1-33 have been cancelled and
claims 43-46 are not before us as their rejection was withdrawn
by the Examiner.2
We reverse.
1 Application for patent filed June 20, 1997.
2 The only rejection of claims 43-46 under 35 U.S.C. § 112, second
paragraph, as indicated in the final Office action (Paper no. 16, mailed
November 8, 2000), was withdrawn in the answer (page 7).
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