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for publication and is not binding precedent of the Board.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. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte CARY LEE BATES and PAUL REUBEN DAY
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Appeal No. 2003-1094
Application No. 09/131,063
__________
ON BRIEF
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Before KRASS, FLEMING, and OWENS, Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
This appeal is from a nonfinal, third rejection of
claims 1-38 and 46-50.1 Claim 47 was canceled subsequent to the
last rejection (examiner’s answer, page 2). Claims 39-45 also
have been canceled.
1 In an appeal in which claims have been at least twice
rejected, the board has jurisdiction as discussed in Ex parte
Lemoine, 46 USPQ2d 1432 (Bd. Pat. App. & Int. 1995).
1
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