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for publication and is not binding precedent of the Board.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 ACHIM SCHMITT
____________
Appeal No. 2005-1242
Application No. 09/242,014
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ON BRIEF
____________
Before McQUADE, NASE, and BAHR, Administrative Patent Judges.
NASE, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection (mailed May 14,
2003) of claims 1 and 6 to 9. Claims 2 to 5 and 10 were canceled prior to the final
rejection. On page 2, of the brief (filed July 3, 2003), the appellants state "[c]laims 6-9
are cancelled. Claim 1 is being appealed." Accordingly, the appeal with respect to
claims 6 to 9 is dismissed. Claim 1 remains on appeal.
We REVERSE.
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Last modified: November 3, 2007