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is not binding precedent of the Board.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 GARY D. HODGEN
__________
Appeal 2007-0741
Application 09/313,6251
Technology Center 1600
__________
DECIDED: August 23, 2007
__________
Before TONI R. SCHEINER, ERIC GRIMES, and RICHARD M. LEBOVITZ,
Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
Appellant appeals under 35 U.S.C. § 134 from the final rejection of
claims 1, 2, 10, 12, and 13.2 The Examiner has rejected the claims as
unpatentable under 35 U.S.C. § 103(a). We have jurisdiction under 35
U.S.C. § 6(b). We reverse.
1 According to Appellant, this application is a divisional of Application
09/059,476, now U.S. Patent 6,653,297, issued November 25, 2003.
2 Claims 3-9 and 11 are also pending, but have been withdrawn from
consideration.
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