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for publication and is not binding precedent of the Board.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 MARVIN L. SCHILLING and
RICHARD D. FAFARD
__________
Appeal No. 2005-2120
Application No. 09/964,120
__________
ON BRIEF
__________
Before MILLS, GRIMES, and GREEN, Administrative Patent Judges.
GREEN, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 42-50.1 Claims 42 and 49 are the independent claims on
appeal, and read as follows:
42. A method for the dehydration of Type II collagen containing cartilage in its
natural form, which comprises,
(a) combining said cartilage with an antimicrobial agent and at least 15% by
weight of the cartilage of an ionizing salt,
1 Claim 51, which appears to be dependent on claim 49 (the claim states it is dependent on claim
39, but as claim 39 is not pending, we assume it should depend from claim 49), is also pending.
As all rejections of claim 51 were withdrawn in the Examiner’s Answer at page 3, claim 51
appears to be free of rejection.
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