Ex parte PHAN - Page 1




                    The opinion in support of the decision being entered                                          
                    today was not written for publication and is not                                              
                    precedent of the Board.                                                                       
                                                                   Paper No. 33                                   

                             UNITED STATES PATENT AND TRADEMARK OFFICE                                            
                                              ________________                                                    
                                  BEFORE THE BOARD OF PATENT APPEALS                                              
                                             AND INTERFERENCES                                                    
                                              ________________                                                    
                                          Ex parte DEAN V. PHAN                                                   
                                              ________________                                                    
                                           Appeal No. 1997-3103                                                   
                                          Application 08/449,647                                                  
                                              ________________                                                    
                                                   ON BRIEF                                                       
                                              ________________                                                    
             Before JOHN D. SMITH, GARRIS and OWENS, Administrative Patent                                        
             Judges.                                                                                              
             OWENS, Administrative Patent Judge.                                                                  


                                            DECISION ON APPEAL                                                    
                    This is an appeal from the examiner’s final rejection of                                      
             claims 3, 5, 7, 9, 11-14, 18, 20 and 21.  After the final                                            
             rejection, claims 20 and 21 were indicated allowable (answer,                                        
             page 2, and advisory action mailed January 10, 1997, paper                                           
             no. 20).  The other claims in the application have been                                              


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