Ex Parte Vaioli

Patent Trials and Appeals Board

Feb 5, 2013

10868943 - (S) (P.T.A.B. Feb. 5, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL
AND APPEAL BOARD
____________

Ex parte ROBERTO VAIOLI
____________

Appeal 2011-002520
Application 10/868,943
Technology Center 3700
____________

Before DALE M. SHAW, Division 2 Support Administrator.

ERRATA

A Decision was mailed on February 7, 2013 that, in part, affirmed a
rejection of claims 108-120, 133, 137-149, 151, 152, 154, 155, 170-172,
189, and 190-193.
On page 13 of the Decision, the Board stated the results of the Appeal
as follows:
We affirm the rejection of claims 59-63, 108-120, 133,
137-149, 151, 152, 154, 155, 170-172, 189, and 190-193 under
35 U.S.C. § 103(a) as unpatentable over Form, Pascal and Pace.

There is an error in this paragraph. The Decision should read:
Appeal 2011-002520
Application 10/868,943
We affirm the rejection of claims 59-63 under 35 U.S.C.
§ 103(a) as unpatentable over Form, Pascal and Pace.

We reverse the rejection of claims 108-120, 133, 137-
149, 151, 152, 154, 155, 170-172, 189, and 190-193 under 35
U.S.C. § 103(a) as unpatentable over Form, Pascal and Pace.

Additionally, on page 12 of the Decision, the Board states:
We sustain the rejection of claims 59-63 under 35 U.S.C.
103(a) as unpatentable over Form, Pascal and Pace. Because
we sustain the rejection of independent claims 59-63, we
therefore sustain the rejection of claims 108-120, 133, 137-149,
151, 152, 154, 155, 170-172, 189, and 190-193 that depend
therefrom.
There is an error in this paragraph. The Decision should read:
We sustain the rejection of claims 59-63 under 35 U.S.C.
103(a) as unpatentable over Form, Pascal and Pace. Claims
108-120, 133, 137-149, 151, 152, 154, 155, 170-172, 189, and
190-193 depend directly or indirectly from independent claims
102 and 159. Because we do not sustain the rejection of
independent claims 102 and 159, we therefore do not sustain
the rejection of claims 108-120, 133, 137-149, 151, 152, 154,
155, 170-172, 189, and 190-193.
All other portions of the original Decision remain unchanged.
Any timelines established by the Decision mailed February 7, 2013
also remain unchanged. If there are any questions pertaining to this erratum,
please contact the Patent Trial and Appeal Board at 571-272-9797.

mls