The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 KENNETH S. POLONSKY, YUKIO HORIKAWA, NAOHISA ODA, NANCY J. COX, KENICHI OTANI, CRAIG L. HANIS, GRAEME I. BELL, SEAMUS KEVIN SREENAN, and YUN-PING ZHOU __________ Appeal No. 2005-0258 Application No. 09/768,877 __________ ON BRIEF1 __________ Before ELLIS, ADAMS, and GREEN Administrative Patent Judges. ADAMS, 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 18-21, 49-51, 53-64, 115 and 116. Of the remaining pending claims, claims 65-113 have been withdrawn from consideration, and claims 52 and 114 stand objected as depending from a rejected claim.2 1 Appellants waived their request for oral hearing. Paper received February 23, 2005. Accordingly, we considered this appeal on Brief. 2 The objection to claims 52 and 114 is the subject matter of a petition and is not properly before us on appeal. Accordingly, we have not considered claims 52 and 114 in our deliberations.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007