Ex parte SIMMONS - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 39                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                       Ex parte JAMES A. SIMMONS                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1997-0595                                                                         
                                                      Application No. 08/154,9111                                                                       
                                                                   ____________                                                                         
                                                       HEARD:  November 15, 1999                                                                        
                                                                   ____________                                                                         
                 Before STAAB, McQUADE, and NASE, Administrative Patent Judges.                                                                         
                 NASE, Administrative Patent Judge.                                                                                                     


                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1 to 8, 10 and 12 to 17, which are all of                                                                          
                 the claims pending in this application.                                                                                                


                          We AFFIRM-IN-PART.                                                                                                            





                          1Application for patent filed November 19, 1993.                                                                              





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