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today was not written for publication and is not binding
precedent of the Board.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 J. BRETT ROLFSON
______________
Appeal No. 2005-1105
Application 10/314,857
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ON BRIEF
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Before PAK, WARREN and OWENS, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal and Opinion
We have carefully considered the record in this appeal under 35 U.S.C. § 1341 including
the opposing views of the examiner, in the answer, and appellant, in the brief and reply brief, and
based on our review, find that we cannot sustain either of the grounds of rejection advanced by
the examiner on appeal: claims 1 through 3, 5 through 8, 21 and 22 under 35 U.S.C. § 102(b) as
anticipated by Benoit et al. (Benoit) (answer, pages 3-4); and claims 4 and 9 under 35 U.S.C.
1 The examiner has twice reject appealed claims 1 through 9, 21 and 22; the most recent
rejection of the claims was in the non-final Office action mailed March 10, 2004. See also 37
CFR § 41.31(a)(1) (effective September 13, 2004; 69 Fed. Reg. 49960 (August 12, 2004); 1286
Off. Gaz. Pat. Office 21 (September 7, 2004)).
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