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for publication and is not binding precedent of the Board.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 ERROL C. FRIEDBERG,
VALERIE GERLACH and WILLIAM J. FEAVER1
__________
Appeal No. 2004-2314
Application No. 09/971,101
__________
ON BRIEF
__________
Before SCHEINER, ADAMS, and MILLS, Administrative Patent Judges.
ADAMS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the
examiner’s final rejection of claims 26-31. The only other pending claim (claim
32) is not before us on appeal.2
1 We recognize appellants’ petition to change inventorship under 37 C.F.R. § 1.48, received
August 1, 2003. It appears, however, that the examiner has not addressed appellants’ request.
Accordingly, prior to any further action, we encourage the examiner to consider appellants’
request and to take appropriate action. The inventors listed, herein, are as they appear in the
Patent Office records as of the date of this decision.
2 According to the examiner (Answer, page 2), “[i]t is noted that the summary sheet of the final
office action lists claim 32 as being rejected when in fact it is not currently rejected.” There is no
rejection (or objection) of claim 32 in the Answer. Accordingly, claim 32 is not before us on
appeal.
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