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publication and is not binding precedent of the Board.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 JOEL L. SEREBOFF
____________
Appeal No. 2004-2354
Application No. 09/923,991
____________
ON BRIEF
____________
Before PAK, OWENS, and KRATZ, Administrative Patent Judges.
KRATZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final
rejection of claims 1-15, 17 and 21-24. Claims 16 and 18-20 have
been indicated as allowable by the examiner. Claims 25-451,
which are all of the remaining claims pending in this
1 The examiner’s reference to claims 25-44 as being
withdrawn from further consideration in the final rejection
appears to erroneously exclude claim 45, which latter claim
depends from withdrawn claim 38. We note that claim 45 has not
been addressed in any of the rejections set forth in the
examiner’s final action as recorded in the image file wrapper
record. The examiner should clarify the record as to the status
of claim 45 prior to final disposition of the application.
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