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publication and is not binding precedent of the Board.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 ROBERT E. SPITALETTA
and EDWARD C. SPITALETTA
____________
Appeal No. 2004-0731
Application No. 09/957,059
____________
ON BRIEF
____________
Before BARRETT, BARRY, and LEVY, Administrative Patent Judges.
LEVY, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the
examiner's final rejection of claims 12 and 14-2112, which are
all of the claims pending in this application.
1 An amendment (Paper No. 17, filed June 2, 2003) canceling claim 22,
filed subsequent to the final rejection (Paper No. 7, mailed November 25,
2002), has been entered by the examiner (Paper No. 19, mailed June 24, 2003).
2 The rejections of claims 12 and 14-22 under 35 U.S.C. § 103(a) and
obviousness-type double patenting, have been withdrawn by the examiner (Paper
No. 19, mailed June 24, 2003).
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