Ex parte FINNEY - 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                was not written for publication in a law journal and (2) is not                                                               
                binding precedent of the Board.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. 28                                       

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                              __________                                                                      
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                              __________                                                                      
                                                 Ex parte CLIFTON D. FINNEY                                                                   
                                                              __________                                                                      
                                                        Appeal No. 96-3062                                                                    
                                                    Application 08/239,0291                                                                   
                                                              __________                                                                      
                                                                ON BRIEF                                                                      
                                                              __________                                                                      

                Before ABRAMS, STAAB and McQUADE, Administrative Patent Judges.                                                               
                ABRAMS, Administrative Patent Judge.                                                                                          


                                                        DECISION ON APPEAL                                                                    
                         This is an appeal from the decision of the examiner finally                                                          
                rejecting claims 21 through 23 and 34 through 38.  At that point,                                                             
                claims 1 through 20 had been canceled, claims 27 through 33                                                                   


                         1Application for patent filed May 6, 1994.  According to                                                             
                appellant, this application is a continuation-in-part of                                                                      
                Application 08/219,192 filed March 28, 1994, now U.S. Patent No.                                                              
                5,464,320 issued November 7, 1995, which is a continuation-in-                                                                
                part of Application 08/074,023 filed June 2, 1993, now abandoned.                                                             
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