The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte IMRE KOVESDI and PAUL D. KESSLER
__________
Appeal No. 2004-1259
Application No. 09/832,355
__________
ON BRIEF
__________
Before ADAMS, MILLS and GRIMES, Administrative Patent Judges.
MILLS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. §134 from the examiner's final
rejection of claims 1-7, 9, 12, 16-19, 30-41 and 43-46. Claims 8, 13 and 20-28 have
been withdrawn from consideration by the examiner as directed to a non-elected
species. Answer, page 5. We take no position with respect to the patentability of the
non-elected species. See Ex parte Ohsaka, 2 USPQ2d 1460, 1461 (Bd. Pat. App. &
Int. 1987). Original claims 10, 11, 14, 15, 29 and 42 were cancelled in an Amendment
filed February 24, 2003.
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