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written for publication and is not binding precedent of the Board.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 MARTIN W. MASTERS, MATTHEW PIETRAFITTA,
and THERESE VELDE
_____________
Appeal No. 2005-1380
Application No. 09/944,314
______________
HEARD: AUGUST 10, 2005
_______________
Before WALTZ, KRATZ, and PAWLIKOWSKI, Administrative Patent
Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s
non-final rejection of claims 1 through 3, 5 through 10 and
12 through 17, which are the only claims pending in this
application. Although the action appealed from was a non-final
rejection, we have jurisdiction since the claims were twice
rejected. See 35 U.S.C. § 134 (2003) and Ex parte Lemoine,
46 USPQ2d 1420, 1422-23 (Bd. Pat. App. & Int. 1998).
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