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for publication and is not binding precedent of the Board.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. 14
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JONATHAN P. COTTER
____________
Appeal No. 2004-0051
Application No. 09/746,795
____________
ON BRIEF
____________
Before GARRIS, OWENS, 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 claim 18.1 The remaining claims pending in this
application are claims 1-10 and 17, which stand allowed by the
1Appellant submitted an amendment subsequent to the final
rejection which cancelled nonelected claims 11-16, and this
amendment was indicated by the examiner as entered upon a notice
of appeal. See the amendment dated Oct. 9, 2002, Paper No. 6,
entered as per the Advisory Action dated Oct. 16, 2002, Paper No.
7. However, we note that, contrary to the examiner’s notation on
the amendment and the Advisory Action, the amendment of Paper No.
6 has not been physically entered into the file record. Upon
return of this application to the jurisdiction of the examiner,
the examiner should ensure that the record is correct and this
amendment entered.
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