The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board Paper No. 18 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _____________ Ex parte KOFI SCHULTERBRANDT, RAFAEL ALEJANDRO SAMUELS and WILLIAM M. PERKINS ______________ Appeal No. 2004-1641 Application 09/764,388 ______________ ON BRIEF _______________ Before FLEMING, JEFFREY T. SMITH, and PAWLIKOWSKI, Administrative Patent Judges. PAWLIKOWSKI, 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, 3, 5-8 and 20-25. A copy of each of these claims is set forth in the attached Appendix. Appellants group the claims as set forth on page 3 of the brief. To the extent that any one claim is separately argued with regard to patentability, we will consider such claim in this appeal. Claims 1, 3, 7, 8, and 24 stand rejected under 35 U.S.C. § 103 as being unpatentable over Kiyohara in view of Garland. Claims 5, 6, 20-23, and 25 stand rejected under 35 U.S.C. § 103 as being unpatentable over Kiyohara in view of Garland and further in view of Simpson.Page: 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007