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today was not written for publication and is not binding
precedent of the Board.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. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte ERIC T. HENGSTENBERG
______________
Appeal No. 2004-1006
Application 10/142,485
_______________
ON BRIEF
_______________
Before WARREN, WALTZ and KRATZ, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 2 and 8,1 which, as they stand of record,2 read as follows:
8. A choke tube for attachment to an externally threaded discharge end of a barrel of a firearm
for obtaining dense shot patterns, comprising:
a cylindrical body having a center bore and opposite open first and second ends;
1 Claims 3 through 7 are also of record and have been withdrawn from consideration by the
examiner under 37 CFR § 1.142(b).
2 According to the examiner, pursuant to 37 CFR § 1.126 (2002), “claim 12” presented in the
amendment of December 2, 2002 (Paper No. 6), has been renumbered as “claim 8,” and, without
citation of rule, the dependency of claim 2, amended in the same amendment to depend on
“claim 12,” has been changed to “claim 8” on the basis of said renumbering. See the final action
mailed February 21, 2003 (Paper No. 7); see also answer (page 3).
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