Ex parte ALLAIN et al. - 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                   and is not binding precedent of the Board.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. 18           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                     Ex parte MARK ALLAIN and JOSEPH ALLAIN, JR.                      
                                    ____________                                      
                                Appeal No. 2001-0180                                  
                             Application No. 08/887,421                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      

          Before ABRAMS, McQUADE, and NASE, Administrative Patent                     
          Judges.                                                                     
          McQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Mark Allain et al. originally took this appeal from the                
          final rejection of claims 1 through 8 and 17.  As the examiner              
          has since withdrawn the rejections of claims 3 and 7, which                 
          now stand objected to as depending from rejected claims, the                
          appeal as to claims 3 and 7 is hereby dismissed, leaving for                
          review the standing rejections of claims 1, 2, 4 through 6, 8               
          and 17.  Claim 11 stands allowed and claims 13 through 16 and               
          18 through 20, the only other claims pending in the                         






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