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today was not written for publication and is not binding
precedent of the Board.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 RICHARD LEVY
______________
Appeal No. 2005-2667
Application 08/943,125
_______________
ON BRIEF:
_______________
Before PAK, WARREN and KRATZ, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
ORDER VACATING ORAL HEARING
On January 25, 2006, Mr. Craig R. Feinberg, a Program and Resources Administrator of
the Board of Patent Appeals and Interferences, informed appellant’s counsel, Mr. Robert J.
Eichelburg, that the Merits Panel assigned to this application had decided to reverse the decision
of the examiner. Mr. Feinberg further informed Mr. Eichelburg that therefore, the Oral Hearing
scheduled for January 25, 2006, will be vacated.
Accordingly, as counsel was informed on January 25, 2006, it is ORDERED that the Oral
Hearing scheduled for 1:00 PM on January 25, 2006, is VACATED.
Decision on Appeal and Opinion
We have carefully considered the record in this appeal under 35 U.S.C. § 134, and based
on our review, find that we cannot sustain the rejection of appealed claims 43, 44, 49, 50, 55 and
56 under 35 U.S.C. § 102(b) as being anticipated by the Geursen et al. (Geursen) references
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