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not written for publication and is not binding precedent of the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. 12
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JOSEPH E. SCHRAMEK
___________
Appeal No. 2004-1224
Application No. 09/532,379
__________
ON BRIEF
_________
Before FLEMING, WALTZ, and PAWLIKOWSKI, 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 through 23, which are the only claims
on appeal.1 We have jurisdiction pursuant to 35 U.S.C. § 134.
1
1Claims 24-25 were rejected in the final Office action dated
May 21, 2003, Paper No. 5, but appellant attempts to cancel these
claims subsequent to this final rejection (Brief, page 2, ¶¶ III
and IV). However, appellant has not submitted an amendment by
separate cover and therefore claims 24-25 are still pending in
this application. Since the examiner has agreed with appellant’s
status of the claims (Answer, page 3, ¶(3)) and rejected claims
1-23 (Answer, page 6), we consider claims 1-23 on appeal and
claims 24-25 withdrawn from the appeal. Upon the return of this
(continued...)
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