The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board Paper No. 37 UNITED STATES PATENT AND TRADEMARK OFFICE ______________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ______________________ Ex parte ROGER S. CUBICCIOTTI _____________________ Appeal No. 2005-0392 Application No. 09/171,885 ______________________ ON BRIEF ___________________ ELLIS, MILLS and GRIMES, Administrative Patent Judges. ELLIS, Administrative Patent Judge. DECISION ON APPEAL This is an appeal pursuant to 35 U.S.C. § 134 from the examiner’s final rejection of claims 34-40. Claims 1-29 have been canceled. Claims 30-33 and 41 have been withdrawn from consideration pursuant to 37 C.F.R. § 1.142. Claims 34 and 36 are representative of the subject matter on appeal and read as follows: 1Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007