Ex parte ATHERTON - 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               publication in a law journal and (2) is not binding precedent of the Board.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. 19                           
                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                       _____________                                                              
                                       BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                    AND INTERFERENCES                                                             
                                                       _____________                                                              
                                             Ex parte JAMES H. ATHERTON                                                           
                                                       _____________                                                              
                                                   Appeal No. 97-2860                                                             
                                               Application 08/472,8361                                                            
                                                      ______________                                                              
                                                          ON BRIEF                                                                
                                                     _______________                                                              
               Before JERRY SMITH, BARRETT and LEE, Administrative Patent                                                         
               Judges.                                                                                                            
               LEE, Administrative Patent Judge.                                                                                  
                                                   DECISION ON APPEAL                                                             
                      This is a decision on appeal under 35 U.S.C. § 134 from                                                     
               the examiner's final rejection of claims 1, 2, 4-7, 13, 14 and                                                     
               16-19.  Claims 3, 8-12, 15, and 20-24 have been cancelled.  No                                                     
               claim has been allowed.                                                                                            
                                     References relied on by the Examiner                                                         


                      1     Application filed June 7, 1995.  According to appellant, it is a divisional                           
               application of application 08/277,824, filed July 20, 1994, now Patent No. 5,483,366,                              
               issued January 9, 1996.                                                                                            
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