Ex Parte Van Wyk

Board of Patent Appeals and Interferences

May 21, 2012

10937210 (B.P.A.I. May. 21, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ROBERT ALLEN VAN WYK
____________

Appeal 2011-002570
Application 10/937,210
Technology Center 3700
____________

Before DONALD E. ADAMS, DEMETRA J. MILLS, and
JEFFREY N. FREDMAN, Administrative Patent Judges.

ADAMS, Administrative Patent Judge.

DECISION ON APPEAL
This appeal under 35 U.S.C. § 134 involves claims 29-35, the only
claims pending in this application. We have jurisdiction under 35 U.S.C.
§ 6(b).
“[A]ll the claims stand or fall together” (App. Br. 5). Claim 29 is
representative and is reproduced in “APPENDIX A: CLAIMS ON
APPEAL” of Appellant’s Brief (App. Br. 18).
Appeal 2011-002570
Application 10/937,210

2
Examiner rejected claim 29 under 35 U.S.C. § 103(a) as being
unpatentable over the combination of Van Wyk
1
and Lund
2
(Ans. 3; see also
App. Br. 18).
Upon consideration of the evidence on this record and each of
Appellant’s contentions, we find that the preponderance of evidence on this
record supports Examiner’s conclusion that the subject matter of Appellant’s
claim 29 is unpatentable over the combination of Van Wyk and Lund.
Accordingly, we sustain Examiner’s rejection of claim 29 for the reasons set
forth in the Answer, which we incorporate herein by reference. Claims 30-
35 fall together with claim 29.

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

1
Van Wyk et al., US 6,053,928, issued April 25, 2000.
2
Lund et al., US 4,907,920, issued March 13, 1990.