Ex Parte HASTINGS - 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          not written for publication and is not binding precedent of the              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. 24                 
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                      __________                                       
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                      __________                                       
                              Ex parte JOHN T. HASTINGS                                
                                      __________                                       
                                 Appeal No. 2001-1301                                  
                                Application 08/867,949                                 
                                     ___________                                       
                                       ON BRIEF                                        
                                     ___________                                       
          Before FRANKFORT, MCQUADE, and CRAWFORD, Administrative Patent               
          Judges.                                                                      
          MCQUADE, Administrative Patent Judge.                                        
                                  DECISION ON APPEAL                                   
               John T. Hastings appeals from the final rejection (Paper No.            
          18) of claims 39, 40, 43 and 46, all of the claims pending in the            
          application.                                                                 
               This is the second appeal to this Board involving the                   
          instant application.  In a decision (Paper No. 16) rendered in               
          the first appeal (Appeal No. 1999-2757), the Board determined                
          that the appellant’s claims were indefinite and lacking in                   
          written descriptive support, entered corresponding 35 U.S.C.                 
          § 112, first and second paragraph, rejections, and reversed the              

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