The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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. 20 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte FRAMPTON E. ELLIS III __________ Appeal No. 2004-0253 Application 09/933,821 ___________ ON BRIEF ___________ Before FRANKFORT, McQUADE, and NASE, Administrative Patent Judges. FRANKFORT, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal from the examiner's final rejection of claims 21 through 34, 36, 37, 39 through 42, 44 through 53, 55 through 57, 59 and 60. At the time of the final rejection, claim 43 was objected to as being dependent upon a rejected base claim, but was also indicated to be allowable if rewritten in independent form, while claims 1 through 20, 35, 38, 54 and 58 were canceled. Subsequent to the final rejection, the 1Page: 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007