The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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 GARY P. COTE ____________ Appeal No. 2005-2398 Application No. 09/899,0291 ______________ ON BRIEF _______________ Before KIMLIN, PAK, and KRATZ, Administrative Patent Judges. PAK, Administrative Patent Judge. DECISION ON APPEAL This is a decision on an appeal from the examiner’s refusal to allow claims 3 through 15, 25, 26, 28, 31 through 36 and 39 through 47.2 Claims 17, 18, 37 and 38 were objected to as being dependent on a rejected base claim, but were indicated to be allowable if rewritten in independent form, including all the 1Application for patent filed July 6, 2001, entitled, Wheelbarrow braking system. 2 The appellant inadvertently states at page 1 of the Brief that claim 16 was finally rejected. The record indicates that claim 16 was withdrawn from consideration by the examiner. See the final Office action dated November 5, 2002. 1Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007