Ex parte BOSSARD 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                                     and is not binding precedent of the Board.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. 16                       
                              UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                  _____________                                                       
                                  BEFORE THE BOARD OF PATENT APPEALS                                                  
                                              AND INTERFERENCES                                                       
                                                  _____________                                                       
                              Ex parte BERNARD BOSSARD and CHARLES BRAND                                              
                                                  _____________                                                       
                                               Appeal No. 1999-2694                                                   
                                             Application No. 08/684,651                                               
                                                 ______________                                                       
                                                     ON BRIEF                                                         
                                                 _______________                                                      
             Before KRASS, DIXON and BARRY,  Administrative Patent Judges.                                            
             KRASS, Administrative Patent Judge.                                                                      


                                              DECISION ON APPEAL                                                      

                           This is a decision on appeal from the final rejection of claims 1-7 and    10-             
             14.  Claims 8 and 9 have been indicated in the answer as being directed to allowable                     
             subject matter and are no longer before us on appeal.1                                                   

                    1We find it curious as to why the examiner, in the answer, would indicate that claims 8 and 9 are 
             now directed to allowable subject matter [pages 2-4]; that the only remaining issue on appeal is the     
             rejection of claims 1-7 and 10-14 and, at the same time, in the answer, repeat the previous rejection of 
             these claims [pages 9-10] and, moreover, label one of the responses, at page 14 of the answer,           
                                                                                            (continued...)            
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