Ex Parte VAN VLIET et al - Page 1






                                       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                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.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 ARIE HENDRIK FRANS VAN VLIET                                                        
                                            and SEBASTIAN MARTINUS PETERS                                                            
                                                         ______________                                                              
                                                      Appeal No. 2004-1950                                                           
                                                      Application 09/352,612                                                         
                                                        _______________                                                              
                                                   HEARD: December 8, 2004                                                           
                                                        _______________                                                              
               Before GARRIS, WARREN and WALTZ, Administrative Patent Judges.                                                        
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                             
               rejecting claims 16 through 18 and refusing to allow claims 1 through 7, 13 through 15 and 19                         
               through 23 as amended subsequent to the final rejection.  Claims 9 through 12 are also of record                      
               and have been withdrawn from consideration by the examiner under 37 CFR § 1.142(b).1                                  
                       Claims 1, 4, 6 and 16 illustrate appellants’ invention of a grid of drawn polymeric strips                    
               comprising at least two spatially separated bonding points or lines in at least one zone of overlap,                  
               and are representative of the claims on appeal:                                                                       
                                                                                                                                    
               1  Appellants take issue with the examiner’s requirement for restriction (brief, pages 20-21).                        
               This matter is petitionable and thus, not before us. 37 CFR §§ 1.143 and 1.144 (2003). See In re                      
               Watkinson, 900 F.2d 230, 233, 14 USPQ2d 1407, 1409-10 (Fed. Cir. 1990); In re Hengehold,                              
               440 F.2d 1395, 1404, 169 USPQ 473, 479 (CCPA 1971).                                                                   

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