Ex Parte Crandell

Board of Patent Appeals and Interferences

Dec 18, 2002

09121370 (B.P.A.I. Dec. 18, 2002)

1
The opinion in support of the decision being entered today was
not written for publication and is not binding precedent of the
Board.
Paper No. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte STEPHEN L. CRANDELL
__________
Appeal No. 2002-0845
Application 09/121,370
___________
ON BRIEF
___________
Before FRANKFORT, STAAB, and NASE, Administrative Patent Judges.
FRANKFORT, Administrative Patent Judge.
FINAL ORDER
This application has been returned to us for final decision
following remand thereof to the examiner. A comprehensive listing
of the current status of the claims is as follows:
A) Claims 1, 2, 6, 13, 23, 27 and 37 through 40 stand
rejected;
Appeal No. 2002-0845
Application 09/121,370
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B) Claims 3 through 5, 7, 10 through 12, 14, 15, 21, 22, 24
through 26 and 29 through 36 stand allowed;
C) Claims 8, 9 and 28 have been withdrawn from further
consideration by the examiner; and
D) Claims 16 through 20 have been canceled.
In the decision mailed December 18, 2002 (Paper No. 26), we
sustained the examiner’s rejection of claims 38 through 40 under
35 U.S.C. § 112, second paragraph, as being indefinite; the
rejection of claims 1, 2, 23, 37 and 38 under 35 U.S.C. § 102(b)
as being anticipated by Fix (U.S. Patent No. 2,205,522); and the
examiner’s rejections of claims 6, 13 and 27 under 35 U.S.C.
§ 103(a).
Following completion of proceedings before the examiner, we
now enter an order whereby we make our decision dated December
18, 2002 Final. The time for appellant to seek judicial review of
that decision in accordance with 35 U.S.C. § 141 or § 145 runs
from the mailing date of this order.
Appeal No. 2002-0845
Application 09/121,370
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Appellant’s time for seeking judicial review may not be
extended under 37 CFR § 1.136(a). See 37 CFR § 1.304(a).
FINAL ORDER
CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
LAWRENCE J. STAAB )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JEFFREY V. NASE )
Administrative Patent Judge )
CEF:pgc
Appeal No. 2002-0845
Application 09/121,370
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