Ex parte KIRKLAND - 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          not binding precedent of the Board.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. 23              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                              Ex parte MARK R. KIRKLAND                               
                                    _____________                                     
                                 Appeal No. 97-0172                                   
                               Application 08/173,5601                                
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

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

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 15                
          to 17 and 21 to 24.  The other claims in the application, 1 to              
          14 and 18 to 20, stand withdrawn from consideration under 37                
          CFR    § 1.142(b) as being directed to a nonelected invention.              


               Application for patent filed December 22, 1993.1                                                                     
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