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written for publication and is not binding precedent of the Board.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 C. WILSON
and
PATRICK M. CULPEPPER
__________
Appeal No. 2006-0812
Application No. 09/391,294
___________
ON BRIEF
___________
Before BARRETT, MEDLEY, and MOORE, Administrative Patent Judges.
MOORE, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134(a) from the final
rejection of claims 1-2 and 4-5 of reissue application 09/391,294
of Patent 5,664,376 (08/639,698). Claims 6-23 have been
cancelled. Claim 3 does not appear to be rejected, although it is
not indicated to be allowable.
REPRESENTATIVE CLAIMS
The appellants have indicated (Brief, page 3) that, for the
purposes of this appeal, claims 1-2 and 4 will stand or fall
together. Claim 5 is urged to stand separately. Accordingly, we
reproduce independent claims 1 and 5 below:
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