ENTERED: 31 July 2006
UNITED STATES PATENT AND TRADEMARK OFFICE
BOARD OF PATENT APPEALS AND INTERFERENCES
Appeal No. 2006-0791
Reexamination No. 90/006,312
Patent No. 6,254,978
Ex parte GORE ENTERPRISE HOLDINGS, INC.,
Appellant.
HEARD 4 April 2006
DECISION - Bd. R. 50(a)(1)
Before TORCZON, LANE, and NAGUMO, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
INTRODUCTION
The patent owner appeals from final rejection of pending claims 1, 4-7, 11-42, 45-47,
and 51-60 as unpatentable under 35 U.S.C. 103. The remaining claims of the underlying patent
(of a total of sixty) have been canceled. The patent owner requested and received an oral
argument for the appeal. The decision of the examiner to reject the claims is AFFIRMED-IN-
PART.
FINDINGS OF FACT
The following enumerated findings are supported by at least a preponderance of the
evidence. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427, 7 USPQ2d 1152, 1156 (Fed. Cir. 1988)
(explaining the general evidentiary standard for proceedings before the Office).
The claimed invention
[1] The patent under reexamination is:
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