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for publication and is not binding precedent of the Board.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. 38
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JOSEPH BATTISTON
____________
Appeal No. 2004-0331
Application No. 09/432,313
____________
ON BRIEF
____________
Before COHEN, STAAB, and BAHR, Administrative Patent Judges.
STAAB, Administrative Patent Judge.
DECISION ON APPEAL
Joseph Battiston (appellant) appeals from the examiner’s Final
Rejection (Paper No. 24, mailed February 27, 2002) of claims 1-4,
12-14 and 18. Claim 11 has been withdrawn from consideration
pursuant to 37 CFR § 1.142(b) as not being readable on the elected
species. Claims 5-10 and 15-17, the only other claims currently
pending in the application, were “objected to as not being readable
on the elected invention” (Final Rejection, page 2). Subsequent to
the Final Rejection, appellant filed a Petition under 37 CFR
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