Ex parte LYON - 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          not binding precedent of the Board.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 GORDON LYON                                  
                                    _____________                                     
                                 Appeal No. 97-42111                                  
                               Application 08/614,844                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before COHEN, FRANKFORT and STAAB, Administrative Patent                    
          Judges.                                                                     
          FRANKFORT, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                   

          This is a decision on appeal from the examiner's refusal                    
          to allow claims 1, 2, 5 and 6 as amended subsequent to the                  
          final rejection in a paper filed April 21, 1997.  Claim 3, the              

               Application for patent filed March 8, 1996.  According to appellant,1                                                                     
          this application is a continuation of application 08/287,962, filed August 9,
          1994.                                                                       
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