Ex parte CLARK - Page 1





                   The opinion in support of the decision being entered today was not written for publication                                                       
                                                   and is not binding precedent of the Board.                                                                       

                                                                                                                   Paper No.  25                                    

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                  
                                                                       ____________                                                                                 

                                                BEFORE THE BOARD OF PATENT APPEALS                                                                                  
                                                                AND INTERFERENCES                                                                                   
                                                                       ____________                                                                                 

                                                                Ex parte BRIAN CLARK                                                                                
                                                                       ____________                                                                                 

                                                                 Appeal No. 2000-1980                                                                               
                                                              Application No. 08/476,9801                                                                           
                                                                       ____________                                                                                 

                                                                          ON BRIEF                                                                                  
                                                                       ____________                                                                                 

                   Before WILLIAM F. SMITH, ROBINSON, and ADAMS, Administrative Patent Judges.                                                                      
                   ROBINSON, Administrative Patent Judge.                                                                                                           

                                                                DECISION ON APPEAL                                                                                  

                            This is a decision on the appeal under 35 U.S.C. § 134 from the examiner's final                                                        

                   rejection of claims 1, 6, 7, 27 - 29 and 31.  Claims 14 -24, 30, 32, and 33 stand withdrawn                                                      

                   from consideration by the examiner and are not before us on appeal.2                                                                             




                            1 This application is directed to subject matter which is closely related to the subject matter                                         
                   claimed in Application No. 08/436,086, filed May 8, 1995, which is the subject of Appeal No. 1998-2196,                                          
                   currently before the Board.  We have considered the two appeals together.                                                                        
                            2There appears to be some confusion as to the claims currently pending in this application.  The                                        
                   Brief at page 2 indicates that claims 1, 6, 7, 27 - 29 and 31 remaining pending.  The examiner does not                                          
                   disagree. (Answer, page 1).  However, claims 14 - 24, 30, 32, and 33 were withdrawn from consideration by                                        
                   the examiner in the Office action of July 21, 1997 (Paper No. 14) and we find no indication in this record that                                  
                   these claims have been canceled.                                                                                                                 






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