Ex Parte Giometti - Page 1






                                        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                                   today was not written for publication and is not binding                                              
                                   precedent of the Board.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 STEPHEN M. GIOMETTI                                                            
                                                           ______________                                                                
                                                        Appeal No. 2004-0436                                                             
                                                        Application 09/746,251                                                           
                                                          _______________                                                                
                                                              ON BRIEF                                                                   
                                                          _______________                                                                
                Before PAK, WARREN and TIMM, Administrative Patent Judges.                                                               
                WARREN, Administrative Patent Judge.                                                                                     
                                                         Decision on Appeal                                                              
                        This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                                
                rejecting claims 1 through 5.  Appellant states that “[t]his appeal involves claim 1” (brief, page                       
                2).  Accordingly, we dismiss the appeal with respect to claims 2 through 5, and consider only                            
                appealed claim 1 which reads as follows:                                                                                 
                1.  A glass container inspection machine comprising a star wheel carrier assembly including                              
                        a vertical rotatable shaft,                                                                                      
                        upper and lower hub assemblies mounted on said vertical rotatable shaft having                                   
                                a central hub portion, and                                                                               
                                an annular outer supporting portion,                                                                     
                        three identical carrier segments arranged in side by side relation to form an annular                            
                carrier, each having a plurality of bottle receiving pockets and a partial pocket at either end                          


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