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not written for publication and is not binding precedent of the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. 16
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JAMES W. ZEHNDER II and JOHN C. LAYMAN
___________
Appeal No. 2004-1109
Application No. 09/754,686
__________
ON BRIEF
_________
Before WALTZ, TIMM, and KRATZ, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
final rejection of claims 1, 3 through 16, and 18 through 20,
which are the only claims remaining in this application.1 We
have jurisdiction pursuant to 35 U.S.C. § 134.
1Appellants submitted an amendment subsequent to the final
rejection, amending claims 3-6, 10 and 15, which amendment was
indicated as entered upon appeal by the examiner (see the
amendment dated May 23, 2003, Paper No. 8, with entry indicated
as per the Advisory Action dated June 6, 2003, Paper No. 9). We
note that this amendment has not been physically entered into the
record. Upon return of this application to the jurisdiction of
the examiner, this clerical error should be corrected by the
examiner.
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