Ex parte CHOPIN 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          not written for publication and is not binding precedent of                 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. 37                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                              Ex parte THIERRY CHOPIN                                 
                                and PIERRE MACAUDIERE                                 
                                     __________                                       
                                Appeal No. 1998-2288                                  
                               Application 08/600,150                                 
                                     ___________                                      
                                HEARD: March 22, 2001                                 
                                     ___________                                      
          Before KIMLIN, PAK, and WALTZ, Administrative Patent Judges.                
          WALTZ, Administrative Patent Judge.                                         
          DECISION ON APPEAL                                                          
               This is an appeal under 35 U.S.C. § 134 from the                       
          examiner’s refusal to allow claims 52 through 79 as presented               
          in the amendment subsequent to the final rejection (see the                 
          amendment dated May 22, 1997, Paper No. 26, entered as per the              
          Advisory Action dated June 6, 1997, Paper No. 27).   Claims1                         
          52-79 are the only claims remaining in this application.                    


               Although newly added claims 52-79 were physically entered as specified in the1                                                                     
          Advisory Action of Paper No. 27, we note that the part of the amendment of Paper No. 26
          which cancelled claims 1-10, 19-27, 32-48, 50 and 51 was never physically entered.  Upon
          the return of this application to the jurisdiction of the examiner, the examiner should
          rectify this error.                                                         
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