Ex Parte Aleles et al - Page 1



                The opinion in support of the decision being entered today is not binding precedent of the Board.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 MARGARET ALELES, CLAUDIA KAMINSKI,                                            
                                            and CURTIS A. COLE                                                  
                                              _______________                                                   
                                              Appeal 2006-2248                                                  
                                           Application 10/158,6181                                              
                                           Technology Center 1600                                               
                                              _______________                                                   
                                                  ON BRIEF                                                      
                                              _______________                                                   
             Before:  GARRIS, JERRY SMITH, and MACDONALD, Administrative Patent                                 
             Judges.                                                                                            
             MacDONALD, Administrative Patent Judge.                                                            




                                                                                                               
             1 Application filed May 30, 2002, seeking to reissue U.S. Patent 6,068,847, issued                 
             May 30, 2000, based on application 08/940,880, filed September 30, 1997.  The                      
             real party in interest is Johnson & Johnson Consumer Products, Inc. Appeal Brief                   
             (filed May 11, 2004), page 3.  Contrary to Appellants’ statement at page 3 of the                  
             brief, claim 1 was not allowed and has been finally rejected by the Examiner.  For                 
             purposes of this decision, we treat claim 1 as appealed given Appellants’ defective                
             declaration arguments are equally applicable to claim 1.                                           





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