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is not binding precedent of the Board.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 PATRICK FUERTES,
RODOLPHE TAMION,
GUY FLECHE and
SERGE COMINI
____________
Appeal 2007-2187
Application 10/148,793
Technology Center 1700
____________
Decided: October 4, 2007
____________
Before CHUNG K. PAK, THOMAS A. WALTZ, and LINDA M.
GAUDETTE, Administrative Patent Judges.
GAUDETTE, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the rejection of claims 11-25 and 28, the only
claims pending in the application. Although the action appealed from was a
non-final rejection, we have jurisdiction pursuant to 35 U.S.C. §§ 6 and 134
since these claims have been twice presented and rejected. See Ex parte
Lemoine, 46 USPQ2d 1420, 1423 (BPAI 1994).
We REVERSE.
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