The opinion in support of the decision being entered today
was not written for publication in
and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
___________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
___________
Ex parte MICHAEL J. MAY
___________
Appeal No. 2006-1776
Application No. 10/075,976
___________
ON BRIEF
___________
Before CRAWFORD, LEVY, and FETTING, Administrative Patent Judges.
FETTING, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. §134 from the examiner's final rejection of
claims 1, 2, 3, 5, 6, 7, 8, 23 and 24. Claim 4 has been cancelled and claims 9 through
22 and 25 have been withdrawn from consideration after a restriction requirement,
although they have not been cancelled.
We REVERSE and MAKE A NEW GROUND OF REJECTION UNDER 37 CFR §
41.50(b)
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