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written for publication and is not binding precedent of the Board.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. 19
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte KELLY McCOOL, DAVID J. HAAS, and GENE L. BARNDT
__________
Appeal No. 2004-1457
Application No. 09/696,299
__________
ON BRIEF
__________
Before JERRY SMITH, BARRY, and BLANKENSHIP, Administrative Patent
Judges.
JERRY SMITH, 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 1-12, which
constituted all the claims in the application. An amendment
after final rejection was filed on September 26, 2003 and was
entered by the examiner. This amendment cancelled claims 3-8 and
10-12. Accordingly, this appeal is directed to the rejection of
claims 1, 2 and 9.
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