The opinion in support of the decision being
entered today is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________________
Ex parte ERIC S. ABRUTYN,
LOUIS SCARFO and RICHARD CHROMECEK
____________________
Appeal No. 2006-18731
Reissue Application No. 08/058,1632
____________________
ON BRIEF
____________________
Before: CAROFF, SPIEGEL and NAGUMO, Administrative Patent Judges.
SPIEGEL, Administrative Patent Judge.
DECISION ON APPEAL
I. Introduction
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final
rejection of claims 1-19, which are all of the claims pending in this reissue application.
The claims on appeal are directed to solid compositions comprising a pheromone
entrapped within a cross-linked polymer lattice. We enter a new ground of rejection
pursuant to 37 CFR § 41.50(b) which is dispositive of all the claims on appeal.
1 The reissue application on appeal was received by the Board on 15 March 2006.
2 The reissue application was filed 4 May 1993. The real party-in-interest is Dow Corning
Corporation.
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