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publication and is not binding precedent of the Board.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. 14
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte LARRY LEEROY TRETTER
and JAMES ERNEST MALMBERG
____________
Appeal No. 2004-2368
Application No. 09/395,854
____________
ON BRIEF
____________
Before DIXON, LEVY, and BLANKENSHIP, Administrative Patent Judges.
LEVY, 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 1-5, 7-11 and 13-151, which
are all of the claims pending in this application.
1 Subsequent to the final rejection (Paper No. 6, mailed August 8, 2003)
appellant filed an amendment (Paper No. 7, filed September 10, 2003) canceling
all of the pending claims except for claim 15, and requested entry of new
claims 16-29. In a subsequent Advisory Action (Paper No. 8, mailed October 7,
2003) , the examiner entered the cancellation of all of the pending claims
with the exception of claim 15, but denied entry of proposed claims
16-29. Accordingly, only claim 15 remains before us for decision on appeal.
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