Ex Parte Haskett et al

Board of Patent Appeals and Interferences

Mar 28, 2012

12194777 (B.P.A.I. Mar. 28, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte THOMAS E. HASKETT and ROBERT J. MAKI
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Appeal 2010-012086
Application 12/194,777
Technology Center 1700
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Before BRADLEY R. GARRIS, MARK NAGUMO, and
KAREN M. HASTINGS, Administrative Patent Judges.

Opinion for the Board filed by HASTINGS,
Administrative Patent Judge

Opinion Concurring filed by NAGUMO,
Administrative Patent Judge

DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134 from the Examiner's
rejections under 35 U.S.C. § 103(a) of claims 1-6 and 8-18 as unpatentable
over Lerner (US 5,198,292, patented Mar. 30, 1993) in view of Zillig (US
2005/0014434 A1, patented Jan. 20, 2005), and of claim 7 as unpatentable
Appeal 2010-012086
Application 12/194,777

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over these references and further in view of Elves (US 4,551,377, patented
Nov. 5, 1985).1
Upon consideration of the evidence on this record and each of
Appellants' contentions, we find that the preponderance of evidence on this
record supports the Examiner's conclusion that the subject matter of
Appellants' claims 1 and 15 is unpatentable. We sustain the above rejections
based on the findings of fact, conclusions of law, and rebuttals to arguments2
expressed by the Examiner in the Answer.
The decision of the Examiner is affirmed.
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

1 Appellants present arguments directed to the features of independent
claims 1 and 15 only (Br. 5-8). The dependent claim features have not been
separately argued, including separately rejected claim 7 (id.).
2 No Reply Brief has been filed.
Appeal 2010-012086
Application 12/194,777

1

NAGUMO, Administrative Patent Judge, concurs in the conclusion of
obviousness, and finds Appellants have not shown harmful error in the
Examiner’s findings of fact or conclusions of law.

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