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for publication and is not binding precedent of the Board.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. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JEFFREY F. SCHMITZ
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Appeal No. 2004-1207
Application No. 09/759,411
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HEARD: DECEMBER 8, 2004
____________
Before COHEN, NASE and BAHR, Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
Appellant originally appealed from the examiner's rejection of claims 1-21, which
are all of the claims pending in this application. At the oral hearing, appellant’s
counsel, Mr. Steven C. Schnedler, withdrew the appeal of the rejections of claims 18-
21. In accordance with Manual of Patent Examining Procedure (MPEP) § 1215.03,
such withdrawal operates as an authorization to cancel those claims from the
application and the appeal continues with respect to claims 1-17. Claims 18-21 will be
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