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not written for publication and is not binding precedent of the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. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TROY DANIEL McARTHY
and TIMOTHY ALAN HEGEMIER
__________
Appeal No. 2004-0441
Application 09/777,535
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ON BRIEF
___________
Before GARRIS, WARREN, and OWENS, Administrative Patent Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
This appeal is from the fourth (nonfinal) rejection of
claims 1-3, 9-13, 19 and 20.1 Claims 7, 8, 17 and 18 stand
objected to but allowable if rewritten in independent form.
Claims 4-6 and 14-16 stand withdrawn from consideration by the
examiner as being directed toward a nonelected invention.
1 In an appeal in which claims have been at least twice
rejected, the board has jurisdiction as discussed in Ex parte
Lemoine, 46 USPQ2d 1432 (Bd. Pat. App. & Int. 1995).
1
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