Ex parte GILPATRICK - 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               journal and (2) is not binding precedent of the Board.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. 11                           

                                 UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                        _____________                                                             

                                       BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                   AND INTERFERENCES                                                              
                                                        _____________                                                             

                                            Ex parte MICHAEL W. GILPATRICK                                                        
                                                        _____________                                                             

                                                     Appeal No. 1997-4392                                                         
                                                  Application No. 08/639,515                                                      
                                                        ______________                                                            

                                                           ON BRIEF                                                               
                                                       _______________                                                            

               Before FRANKFORT, NASE and JENNIFER D. BAHR,  Administrative Patent Judges.                                        

               FRANKFORT, Administrative Patent Judge.                                                                            


                                                   DECISION ON APPEAL                                                             


                      This is a decision on appeal from the examiner’s refusal to allow claims 12-16 in the final                 

               rejection (Paper No. 7, mailed February 7, 1997).  Claims 1-11 have been canceled.                                 


                      Appellant’s invention relates to a method of producing a fabric 10 made of a plurality of core              

               and effect yarns 54 with loops 53.  A plurality of core and effect yarns 54 are maintained spaced from             


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