THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision entered today (1) was not written for
publication in a law journal and (2) is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________________
Ex parte SEAN C. McDONALD
Appeal No. 2006-0813
Reexamination Control No. 90/006,235
Patent No. 5,564,803
HEARD April 6, 2006
Before: SCHAFER, DELMENDO and TIERNEY1, Administrative Patent Judges.
SCHAFER, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. §§ 134 and 306 from the final rejection
of claims 1-34. McDonald (appellant) appeals the primary examiner’s rejection of claims 1-
34, all the claims in the McDonald patent under reexamination. We affirm. In addition, we
enter a new ground of rejection.
References relied on by the Examiner
Shaw 3,744,867 July 10, 1973
Marder 4,588,237 May 13, 1986
Roberts 4,894,581 January 16, 1990
1 Subsequent to oral argument APJ Gaudette became unavailable to participate in
the decision. APJ Tierney was substituted. See, In re Bose Corp., 772 F.2d 866, 869, 227
USPQ 1, 4 (Fed. Cir. 1985) .
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