The opinion in support of the decision being entered today was not written for publication
and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JOHN E. LINVILLE,
DONALD R. MAIER and PATRICK M. SAAF
____________
Appeal No. 2004-2238
Application No. 09/878,743
____________
ON BRIEF
____________
Before TIMM, DELMENDO and JEFFREY T. SMITH, Administrative Patent
Judges.
JEFFREY T. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
Applicants appeal the decision of the Primary Examiner finally
rejecting claims 21 to 23 and 35.1 We have jurisdiction under 35 U.S.C.
§ 134.2
1 According to the Appellants, claims 1 to 20, 33 and 34 have been withdrawn
from consideration as drawn to a non-elected invention. (Brief, p. 2). The Examiner has
indicated that the subject matter of claims 24 to 32 is allowable. (Final Rejection, p.1)
2 In rendering this decision, we have considered Appellants’ arguments
presented in the Brief filed December 8, 2003, and the Reply Brief filed June 21, 2004.
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