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for publication and is not binding precedent of the Board.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 DAVID D. KONIECZYNSKI, THOMAS V. DOHERTY,
ALEXANDER GRINBERG, and ERIC D. KOLB
__________
Appeal 2007-1707
Application 10/335,597
Technology Center 3733
__________
DECIDED: May 16, 2007
__________
Before DONALD E. ADAMS, TONI R. SCHEINER, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the final rejection of claims 1-3 and
5-11. We have jurisdiction under 35 U.S.C. § 6(b). We affirm-in-part.
STATEMENT OF CASE
The claimed invention relates to a bone plate comprising a resilient
aperture. According to the specification, “[b]one fixation devices are useful
for promoting the proper healing of injured or damaged vertebral bone
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