Ex parte MAHAR - Page 9




          Appeal No. 94-2973                                                          
          Application No. 07/956,529                                                  


                                 Claims 2-5 and 7-21                                  
               Since claims 2-5 and 7-21 are dependent on claim 1, and the            
          rejection of claim 1 has been reversed, the rejections of claims            
          2-5 and 7-21 are also reversed.  See 37 CFR § 1.75(c)(“Claims in            
          dependent form shall be construed to include the limitations of             
          the claim incorporated by reference into the dependent claim.”)             
               The decision of the examiner is affirmed-in-part.                      
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    


                         MARY F. DOWNEY                )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         ADRIENE LEPIANE HANLON        )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              





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