The opinion in support of the decision being
entered today is not binding precedent of the board
Paper 14
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JOSEPH P. STEINER and GREGORY S. HAMILTON,
____________
Appeal 2003-1107
Application 09/878,2251
____________
Before: WINTERS and WILLIAM F. SMITH, Administrative Patent
Judges, and McKELVEY, Senior Administrative Patent Judge .
McKELVEY, Senior Administrative Patent Judge .
Decision on appeal under 35 U.S.C. § 134
The appeal is from a decision of a primary examiner
rejecting claims 37-72. We affirm.
A. Findings of fact
The record supports the following findings by at least a
preponderance of the evidence. To the extent any finding is a
conclusion of law, the finding may be treated as a conclusion of
law.
1 Application for patent filed 12 June 2001. The application is said to
be a division of application 09/089,831, filed 3 June 1998, now U.S. Patent
6,274,602 issued 14 August 2001. The real party in interest is said to be
GPI NIL Holdings, Inc. (Appeal Brief, Paper 11, page 1).
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