The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 43 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex parte FRANK R. BRYANT ______________ Appeal No. 2003-2130 Application 08/159,461 _______________ ON BRIEF _______________ Before HAIRSTON, MCQUADE and WARREN, Administrative Patent Judges. WARREN, Administrative Patent Judge. Decision on Appeal and Opinion We have carefully considered the record in this appeal under 35 U.S.C. § 134, including the opposing views of the examiner, in the answer, and appellant, in the brief and reply brief, and based on our review, find that we cannot sustain the grounds of rejection advanced on appeal: appealed claims 1, 7 through 9, 34, 40 through 45, 56 and 58 through 65 under 35 U.S.C. § 112, first paragraph, written description (answer, pages 4 and 6-8); and appealed claims 66 through 69 under 35 U.S.C. § 103(a) as being unpatentable over Geipel, Jr. et al. (Geipel) in view of Haddad et al. (Haddad) (answer, pages 4-5 and 8).1 1 In addition to the appealed claims, claims 70 through 73 are also of record and have been withdrawn from consideration by the examiner under 37 CFR § 1.142(b) in the Office action mailed November 30, 2001 (Paper No. 33). - 1 -Page: 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007