Ex parte KING 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                 written for publication and is not binding precedent of the Board                                                                      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. 13                                 

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                _____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                _____________                                                                           
                                   Ex parte JOHN E. KING and JAMES T. CARPENTER                                                                         
                                                                _____________                                                                           
                                                          Appeal No. 1998-0503                                                                          
                                                       Application 08/539,8581                                                                          
                                                               ______________                                                                           
                                                                    ON BRIEF                                                                            
                                                              _______________                                                                           
                 Before THOMAS, MARTIN, and BARRETT, Administrative Patent                                                                              
                 Judges.                                                                                                                                
                 MARTIN, Administrative Patent Judge.                                                                                                   

                                                           DECISION ON APPEAL                                                                           
                          This is a decision on an appeal under 35 U.S.C. § 134                                                                         
                 from the examiner's final rejection of claims 2, 3, 7-11, 14,                                                                          
                 15, and 17-35 under 35 U.S.C. § 103, with claim 36 standing                                                                            
                 objected to for depending on a rejected claim.   We reverse.                       2                                                   


                          1Application filed October 6, 1995.                                                                                           
                          2The examiner's 35 U.S.C. § 112, second paragraph                                                                             
                 rejections of claim 9 for twice reciting "a switch" and of                                                                             
                 claim 15 as lacking an antecedent for "the base center axis"                                                                           
                 (Final Rejection at 2) were withdrawn in the Answer (at 11).                                                                           





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