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today was not written for publication and is not binding precedent of the Board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 STEPHEN PAUL ZIMMERMAN,
AMY KAI WOO and
SUSAN LOUISE JOA
______________
Appeal No. 2006-1027
Application No. 09/865,074
_______________
ON BRIEF
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Before CAROFF, PAK, and WALTZ, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s non-final rejection of
claims 21 through 33, which are the only claims pending in this application. Although
the rejection appealed from was a non-final action (mailed May 5, 2004), we have
jurisdiction since the claims have been twice presented and rejected. See 35 U.S.C. §
134; Ex parte Lemoine, 46 USPQ2d 1420, 1422-23 (Bd. Pat. App. & Int. 1998).
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