Ex parte HOUTCHENS - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 20                        
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                                  Ex parte STEVEN P. HOUTCHENS                                                                          
                                                                 ____________                                                                           
                                                          Appeal No. 1997-4217                                                                          
                                                    Application No. 08/307,178                                                                          
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before BARRETT, HECKER and LALL, Administrative Patent Judges.                                                                         
                 LALL, Administrative Patent Judge.                                                                                                     


                                                           DECISION ON APPEAL                                                                           
                          This is a decision on appeal from the final rejection1                                                                        

                          1An amendment after the final rejection (bearing the                                                                          
                 certified mailing date of October 15, 1996) is indicated to be                                                                         
                 filed as paper no. 16 and is indicated as approved for entry                                                                           
                 by  paper no. 17.  The amendment corrected only § 112, second                                                                          
                 paragraph, problems [brief, pages 1 and 2].  The Examiner’s                                                                            
                 answer did not raise any § 112, second paragraph, problems,                                                                            
                 but only the section 103 rejection.  It is clear that the                                                                              
                 amendment after the final rejection was in fact considered                                                                             
                 before the answer was written, even though the date of the                                                                             
                 entry of the amendment appears in the file record as after the                                                                         
                 dates of the briefs and the answers.  So the claims as amended                                                                         
                                                                                                            (continued...)                              





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