The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 NextLast modified: November 3, 2007