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for publication and is not binding precedent of the Board.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 STEPHEN T. GARELLI
____________
Appeal 2007-1922
Application 10/051,200
Technology Center 1700
____________
Decided: May 23, 2007
____________
Before THOMAS A. WALTZ, PETER F. KRATZ, and JEFFREY T.
SMITH, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the Primary Examiner’s rejection
of claim 8. Claims 1-7 are the only other claims pending in this application
but stand withdrawn from further consideration as directed to a non-elected
invention (Br. 1). Although the rejection appealed from is a non-final
rejection, we have jurisdiction under 35 U.S.C. §§ 6 and 134 since the
claims on appeal have been twice presented and rejected. See Ex parte
Lemoine, 46 USPQ2d 1420, 1423 (BPAI 1998).
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