Appeal No. 2004-1159
Application 10/108,315
can then be used in the patentee’s adjustable length
holder/dispenser (10). If the roll of paper towels in the
Krueger patent were of a conventional size (i.e., approximately
11 inches in width), then a single score line down the middle of
the roll of toweling would appear to result in two rolls of paper
towels, each approximately 5.5 inches in width. This size roll
of paper towels clearly falls within appellant’s claimed size
range of 5 to 6 inches set forth in claim 21 on appeal.
In addition to affirming the examiner's rejection of one or
more claims, this decision contains a remand. 37 CFR § 41.50(e)
(effective September 13, 2004, 69 Fed. Reg. 49960 (August 12,
2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)) provides
that
[w]henever a decision of the Board includes a remand,
that decision shall not be considered final for judicial
review. When appropriate, upon conclusion of proceedings on
remand before the examiner, the Board may enter an order
otherwise making its decision final for judicial review.
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