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written for publication and is not binding precedent of the Board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 TEMPLE
and
PHILIP THOMAS RUMSBY
____________
Appeal No. 2006-1357
Application No. 09/754,486
_____________
ON BRIEF
_____________
Before KIMLIN, KRATZ, and TIMM, Administrative Patent Judges.
Kimlin, Administrative Patent Judge.
REMAND
This is an appeal from the final rejection of claims 9,
23-25, 31 and 37. The examiner has indicated that claim 34
would be allowable if rewritten to overcome the rejection under
§ 112, second paragraph, and to include all of the limitations
of the base claim and any intervening claims, and that claims 35
and 36 are allowed (see page 10 of answer). We note, however,
that prior sections of the answer list claims 34, 35, and 36 in
Statements of Rejections.
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Last modified: November 3, 2007