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for publication and is not binding precedent of the Board.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 FRANK E. SEMERSKY
____________
Appeal 2007-0404
Application 10/684,611
Technology Center 1700
____________
Decided: March 23, 2007
____________
Before THOMAS A. WALTZ, CATHERINE Q. TIMM, and
LINDA M. GAUDETTE, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the Primary Examiner’s final
rejection of claims 1 through 25, which are the only claims pending in this
application. We have jurisdiction pursuant to 35 U.S.C. §§ 6 and 134.
According to Appellant, the invention is directed to a container or
multilayer preform comprising a first layer of plastic, and a second layer of
plastic contacting the first layer, where the second layer of plastic is formed
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