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today was not written for publication and is not binding
precedent of the Board.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
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Ex parte SAMUEL F. LIPRIE
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Appeal No. 2005-1078
Application 09/681,303
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ON BRIEF
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Before WARREN, OWENS and DELMENDO, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 1 through 31, all of the claims in the application,
Claims 1, 4 and 7 illustrate appellant’s invention of a flexible source wire for radiation
treatment having a housing tube constructed from a material exhibiting little or no memory
retention when bent, and are representative of the claims on appeal:1
1. A flexible source wire for radiation treatment of diseases within a body comprising:
a flexible, hollow, elongated housing tube having a distal end and a proximal end, said housing
tube constructed from a material exhibiting little or no memory retention when bent;
a flexible backbone wire having a proximal end, said proximal end of said wire being disposed in
said housing tube; and
1 We have considered the claims as presented in the supplemental examiner’s answer mailed
November 22, 2004, pursuant to the remand by the Board entered April 19, 2004.
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