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for publication and is not binding precedent of the Board.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. 23
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte DAVID K. PLATNER, TIMOTHY SMITH and MARK BELANGER
____________
Appeal No. 2004-0875
Application No. 09/728,975
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ON BRIEF
____________
Before MCQUADE, NASE and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
Appellants originally appealed from the examiner's final rejection of claims 1-9
and 11-22. The examiner withdrew the rejections of claims 3, 5, 7, 11-19 and 22 in the
answer (Paper No. 19, page 2). Consequently, claims 11-19 and 22 now stand
allowed, claims 3, 5 and 7 stand objected to as depending from a rejected claim and
claims 1, 2, 4, 6, 8, 9, 20 and 21 stand rejected.1 Claim 10 has been canceled.
We AFFIRM.
1 Claims 18 and 21 were amended (Paper No. 15) subsequent to the final rejection.
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