Ex parte POTTER - Page 1


                                  THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                
                         The opinion in support of the decision being entered                                                                 
                         today (1) was not written for publication in a law                                                                   
                         journal and (2) is not binding precedent of the Board.                                                               
                                                                                                         Paper No. 45                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                                                  Ex parte DANIEL R. POTTER                                                                   
                                                             ____________                                                                     
                                                        Appeal No. 96-1881                                                                    
                                                Application No. 08/095,4761                                                                   
                                                             ____________                                                                     
                                                   HEARD: December 9, 1997                                                                    
                                                             ____________                                                                     
                Before STONER, Chief Administrative Patent Judge, and                                                                         
                McQUADE and NASE, Administrative Patent Judges.                                                                               
                NASE, Administrative Patent Judge.                                                                                            


                                                        DECISION ON APPEAL                                                                    
                         This is a decision on appeal from the examiner's final                                                               
                rejection of claims 37 through 40 and 45 through 54.  Claims 55                                                               
                through 61 have been allowed.  Claims 1 through 36 and 41 through                                                             
                44 have been canceled.2                                                                                                       



                         1Application for patent filed July 23, 1993.  According to                                                           
                the appellant, the application is a continuation of Application                                                               
                No. 07/786,704, filed November 1, 1991, now abandoned.                                                                        
                         2Subsequent to the final rejection the examiner withdrew                                                             
                the 35 U.S.C. § 112, second paragraph, rejection of claims 45                                                                 
                through 47 (see Paper No. 28, mailed December 20, 1994) and the                                                               
                35 U.S.C. § 103 rejections of claims 55 through 61 (see page 2 of                                                             
                the examiner's answer).                                                                                                       




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