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written for publication and is not binding precedent of the Board.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. 22
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte DAVID S. BREED, WENDELL C. JOHNSON,
and WILBUR E. DUVALL
____________
Appeal No. 2004-1433
Application No. 09/639,303
____________
ON BRIEF
____________
Before FLEMING, GROSS, and LEVY, Administrative Patent Judges.
GROSS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final
rejection of claims 1 through 5, 8, 10 through 13, 16, 28 through
32, and 35 through 39. Claims 6, 7, 9, 14, 15, 17 through 27,
and 40 through 53 have been withdrawn from consideration. In the
Answer at page 5, the examiner withdraws the anticipation
rejection of claims 1 through 5, 8, 10 through 13, 16, 28 through
32, and 35 through 39, thereby leaving only a rejection under
35 U.S.C. § 112, first paragraph, of claims 1, 3, 4, 28, 30,
and 31. Accordingly, only claims 1, 3, 4, 28, 30, and 31 are
before us on appeal.
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Last modified: November 3, 2007