Ex Parte Goldstein - Page 1





             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                         publication and is not binding precedent of the Board.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 WILLIAM Z. GOLDSTEIN                                       
                                             ____________                                              
                                        Appeal No. 2005-0823                                           
                                    Application No. 10/300,895                                         
                                             ____________                                              
                                         HEARD: June 7, 2005                                           
                                             ____________                                              
            Before RUGGIERO, LEVY, and SAADAT, 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 1-3, 7-15, 19, 20, 37-39,                             
            43-46, 48-51, 55, 56, 62-66, 70-74, 78-82, 86-90, 94-98, 102-106,                          
            110-114 and 118-1221.                                                                      




                  1                                                                                    
                  1  We observe that although page 2 of the final rejection (mailed July               
            13, 2004) lists claims 13 and 49 as being rejected, no rejection of these                  
            claims appears in either the final rejection or the examiner's answer.                     
            Accordingly, we consider these claims to not be before us for decision on                  
            appeal. (see brief, pages 25, 26).                                                         





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