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not written for publication and is not binding precedent of the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. 21
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte THOMAS DUDLEY BELANGER, JR.
and DAVID JOHN RUTKOWSKI
__________
Appeal No. 2004-0706
Application No. 09/777,982
___________
ON BRIEF
___________
Before FRANKFORT, STAAB, and MCQUADE, Administrative Patent
Judges.
MCQUADE, Administrative Patent Judge.
DECISION ON APPEAL
Thomas Dudley Belanger, Jr. et al. originally took this
appeal from the final rejection of claims 1 through 36, all of
the claims pending in the application.1 As the examiner has
since withdrawn all rejections of claims 33, 34 and 36, the
appeal as to these claims is hereby dismissed, leaving for review
the standing rejections of claims 1 through 32 and 35. Claim 33
now stands objected to as depending from a rejected base claim
and claims 34 and 36 now stand allowed.
1 Claims 23, 27 and 34 through 36 have been amended
subsequent to final rejection.
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