Ex parte NELSON - 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                not binding precedent of the Board.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. 13                          

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                            _____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                            _____________                                                                     
                                                  Ex parte PHILIP L. NELSON                                                                   
                                                            _____________                                                                     
                                                        Appeal No. 96-3613                                                                    
                                                    Application 08/335,4961                                                                   
                                                           ______________                                                                     
                                                                ON BRIEF                                                                      
                                                          _______________                                                                     

                Before COHEN, ABRAMS and CRAWFORD, Administrative Patent Judges.                                                              
                COHEN, Administrative Patent Judge.                                                                                           

                                                        DECISION ON APPEAL                                                                    
                         This is an appeal from the final rejection of claims 27                                                              
                through 36.  In the answer (page 2) dated May 30, 1996, the                                                                   
                examiner indicates that claims 28 and 30 are now objected to as                                                               
                being dependent upon a rejected base claim, but would be                                                                      
                allowable if rewritten in independent form including all of the                                                               

                         1Application for patent filed November 7, 1994.  According                                                           
                to appellant, this application is a continuation of Application                                                               
                08/045,631 filed April 9, 1993, now U.S. Patent No. 5,373,991                                                                 
                issued December 20, 1994.                                                                                                     
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