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written for publication and is not binding precedent of the Board.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. 33
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JAMES S. HERMAN, JR.
__________
Appeal No. 2004-0532
Application No. 09/150,277
___________
ON BRIEF
___________
Before OWENS, DELMENDO, and JEFFREY T. SMITH, Administrative
Patent Judges.
DELMENDO, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal under 35 U.S.C. § 134
(2003) from the examiner’s final rejection of claims 1 through
6, 8, 9, 13 through 18, and 20 through 26 (final Office action
mailed Oct. 10, 2002, paper 23), which are all of the claims
pending in the above-identified application.1
1 In reply to the final Office action, the appellant
submitted a 37 CFR § 1.116 (2003)(effective Feb. 5, 2001) on
Feb. 29, 2003 (paper 25), proposing changes to claims 1, 13, 18,
and 25. According to an advisory action mailed Feb. 26, 2003
(paper 26), this amendment has not been entered.
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