Ex Parte HAYHURST - 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                   for publication and is not binding precedent of the Board.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 JOHN O. HAYHURST                              
                                     ____________                                     
                                 Appeal No. 1999-2728                                 
                               Application No. 08/423,963                             
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before FRANKFORT, STAAB and BAHR, Administrative Patent Judges.             
          BAHR, Administrative Patent Judge.                                          



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's refusal to            
          allow claims 1-11, which are all of the claims pending in this              
          application.  Claim 6 was amended (Paper No. 23) subsequent to              
          the appeal brief.                                                           
                                     BACKGROUND                                       
               The appellant's invention relates to an apparatus for                  
          manipulating and anchoring cartilage and similar fibrous tissue             









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