The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 VIKTORS BERSTIS and LINDA ARNOLD LISLE ____________ Appeal No. 2004-2086 Application No. 09/238,800 ____________ ON BRIEF ____________ Before HAIRSTON, RUGGIERO, and LEVY, Administrative Patent Judges. LEVY, 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, 2, 5, 7-14, 16-20, 22, 23 and 25-351, which are all of the claims pending in this application. 1 Although the examiner additionally includes claims 15, 21 and 24 in the statement of the rejection (supp. answer, page 3), we observe that claims 15, 21 and 23 were previously canceled by appellants (Paper No. 5, filed January 16, 2001). Accordingly, we have not listed these canceled claims as being finally rejected.Page: 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007