The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 - 1 -Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007