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for publication and is not binding precedent of the Board.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 GERALD G. GIRALDI
____________
Appeal No. 2005-0765
Application No. 09/844,989
____________
ON BRIEF
____________
Before COHEN, PATE, and NASE, Administrative Patent Judges.
PATE, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1-22. We note that there is a
difference of opinion between the appellant and the examiner as to what claims remain
in the application and what claims are on appeal. The review of the record shows that
claims 3, 6, 9, 14 and 19 have not been cancelled. The examiner apparently states on
page 3 that these claims are still pending. The examiner has further included these
claims in the rejection in the examiner’s answer. Accordingly, we will consider claims 1-
22 as the claims subject to appeal.
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