Ex Parte ELKINS - 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          not written for publication and is not binding precedent of the             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. 47                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                               Ex parte WILLIAM ELKINS                                
                                     __________                                       
                                Appeal No. 2001-1418                                  
                               Application 08/022,822                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      
          Before COHEN, STAAB, and MCQUADE, Administrative Patent Judges.             
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               William Elkins originally took this appeal from the final              
          rejection of claims 30 through 35, 39 through 41, 51 and 52.1  As           
          the examiner has since withdrawn the rejections of claims 30                
          through 35, which now stand allowed, the appeal as to these                 



               1 The record is unclear as to whether the amendment of claim           
          52 (see Paper No. 36) submitted subsequent to final rejection has           
          been entered.  Although the advisory action mailed October 19,              
          1999 (Paper No. 37) indicates that the amendment is not entered,            
          the proposed change has in fact been effected.  This discrepancy            
          should be resolved upon return of the application to the                    
          technology center.                                                          
                                          1                                           



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