Ex Parte Freeman et al

Patent Trial and Appeal Board

May 23, 2014

12151925 (P.T.A.B. May. 23, 2014)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
12/151,925 05/09/2008 Glenn Freeman 2008P08417US 2666
24252 7590 05/23/2014
OSRAM SYLVANIA INC
100 ENDICOTT STREET
DANVERS, MA 01923
EXAMINER
GRAMLING, SEAN P
ART UNIT PAPER NUMBER
2875
MAIL DATE DELIVERY MODE
05/23/2014 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte GLENN FREEMAN and ANDREW JOHNSEN
____________

Appeal 2012-005920
Application 12/151,925
Technology Center 2800
____________

Before BRADLEY R. GARRIS, TERRY J. OWENS, and
ROMULO H. DELMENDO, Administrative Patent Judges.

PER CURIAM.

DECISION ON APPEAL

Pursuant to 35 U.S.C. § 134, Appellants appeal from the Examiner's
rejections under 35 U.S.C. § 102(e) of claims 1-6, 8-10, 12, and 13 as
Appeal 2012-005920
Application 12/151,925

2
anticipated by Goray et al. (US 7,686,461 B2, issued Mar. 30, 2010) and
under 35 U.S.C. § 103(a) of claim 7 as unpatentable over Goray and of claim
11 as unpatentable over Goray in view of Morris et al. (US 2004/0120148
A1, published Jun. 24, 2004). We have jurisdiction under 35 U.S.C. § 6.

Appellants present arguments specifically directed to claims 1, 11,
and 12 only. Therefore, the remaining claims under rejection and on appeal
will stand or fall with these specifically-argued claims.

We sustain the above rejections of the specifically-argued claims and
concomitantly of the remaining claims based on the findings of fact,
conclusions of law, and rebuttals to arguments which are well expressed by
the Examiner in the Final Office Action and in the Answer.

We emphasize that the Response to Argument section of the Answer
contains rebuttals to arguments including findings of fact which have not
been contested by Appellants in the record of this appeal (i.e., no Reply
Brief has been filed).

The decision of the Examiner is affirmed.

Appeal 2012-005920
Application 12/151,925

3
TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).

AFFIRMED

cdc