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for publication and is not binding precedent of the Board.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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ROBERT R. BURCH and ROBERT R. BURCH, JR.
____________
Appeal No. 2003-0645
Application No. 09/245,625
____________
ON BRIEF
____________
Before GARRIS, WARREN and WALTZ, 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 22 and 25 through 29, which are
the only claims remaining in this application.1 We have
jurisdiction pursuant to 35 U.S.C. § 134.
1 Appellants submitted a minor amendment with the Brief to correct the
dependency of two claims (see Paper No. 13 dated Oct. 16, 2001). Although not
specifically noted by the examiner (Answer, page 2, ¶(4)), this amendment has
been physically entered into the file record, as assumed by appellants (Brief,
page 2, ¶(4)). Accordingly, we consider the claims on appeal as amended by
Paper No. 13.
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