The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 DIANA RODRIGUEZ, STEVE A, FONTAINE, LAURENT POTARD, JENNIFER A. BATTEY, ANDREW D. HOFLICH, AARON I. BLANKENSHIP, JAMES M. CARLSON and KEVIN L. STRAUSE ____________ Appeal No. 2005-1942 Application No. 10/173,938 ____________ ON BRIEF ____________ Before THOMAS, LEVY, and BLANKENSHIP, Administrative Patent Judges. LEVY, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal from the examiner's final rejection of claims 1-311, which are all of the claims pending in this application. We affirm-in-part. 1 We observe that claim 22 depends from claim 23 and that claim 23 depends from claim 22. We consider this a formal matter that can be addressed by the examiner subsequent to the appeal.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007