Ex parte Gary Dane and Jon D. Shoemaker
This appeal stems from a patent application to protect the process and product of thermoforming a single sheet of metal to create a sterilization tray. The appeal was raised after receiving Final rejections for 35 USC 112, second paragraph, 35 USC 102, and 35 USC 103. During the appeal, the Examiner withdrew the 112 rejections and some of the 35 USC 103 rejections. The appeal board maintained the rejection of 9 of the claims based on 35 USC 102, but reversed the remaining 102 rejection and all of the 103 rejections.
Patent 9,149,336 issued in October 2015 as result of the appeal.