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written for publication and is not binding precedent of the Board.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. 18
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte JOHN A. GELARDI
_____________
Appeal No. 2004-1302
Application No. 09/789,757
______________
ON BRIEF
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Before, STAAB, MCQUADE, and BAHR, Administrative Patent Judges.
STAAB, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the examiner’s final
rejection of claims 1-7, 9, 11-21, 25-32, 34-37, 39, 40, 43-51,
53-58 and 62-64. Although claims 8 and 65 are listed among the
rejected claims both on the summary sheet (page 1) of the final
rejection and on page 2 of the examiner’s answer, these claims
have not been included in any rejection in either the final
rejection or answer. Accordingly, these claims currently stand
as non-rejected claims, and they have not been included in this
appeal. In the answer (page 4), the examiner expressly withdrew
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