Ex Parte Leith - Page 1




                            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                                                      is not binding precedent of the Board.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. 21                         

                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                                  
                                                               ____________                                                                   

                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                               ____________                                                                   

                                                      Ex parte DONALD G. LEITH                                                                
                                                               ____________                                                                   

                                                          Appeal No. 2004-1376                                                                
                                                       Application No. 09/859,984                                                             
                                                               ____________                                                                   

                                                                 ON BRIEF                                                                     
                                                               ____________                                                                   

                     Before KIMLIN, OWENS and JEFFREY T. SMITH, Administrative Patent                                                         
                     Judges.                                                                                                                  
                     JEFFREY T. SMITH, Administrative Patent Judge.                                                                           


                                                        DECISION ON APPEAL                                                                    

                              Applicant appeals the decision of the Primary Examiner finally rejecting                                        

                     claims 1, 5, 7, 11, 19 and 20.1  We have jurisdiction under 35 U.S.C. § 134.2                                            




                              1  The Examiner has indicated that the subject matter of claims 6, 12 and 21-23 is                              
                     allowable.  However, the claims have been objected to as being dependent upon a rejected base                            
                     claim.  (Answer, p. 1).                                                                                                  
                              2  In rendering this decision, we have considered Appellant’s arguments presented in                            
                     the Brief filed January 28, 2003 and the Reply Brief filed April 23, 2003.                                               






Page:  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007