Ex parte CONSTANTIN - 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                      and is not binding precedent of the Board                       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. 32                

                        UNITED STATES PATENT AND TRADEMARK OFFICE                     
                                       __________                                     
                           BEFORE THE BOARD OF PATENT APPEALS                         
                                    AND INTERFERENCES                                 
                                       __________                                     
                              Ex parte THOMAS W. CONSTANTIN                           
                                       __________                                     
                                  Appeal No. 2001-1848                                
                                 Application 08/932,988                               
                                       __________                                     
                                 HEARD: JANUARY 23, 2002                              
                                       __________                                     
            Before MCCANDLISH, Senior Administrative Patent Judge, and                
            ABRAMS and BAHR, Administrative Patent Judges.                            
            MCCANDLISH, Senior Administrative Patent Judge.                           

                                   DECISION ON APPEAL                                 
                                           AND                                        
                                 REMAND TO THE EXAMINER                               

                 This is a decision on an appeal from the examiner’s final            
            rejection of claims 1, 2, 6, 7, 9 and 10.  Claims 3-5 and 8 have          
            been objected to as being dependent on a rejected claim (see the          
            final office action dated February 28, 2000).1  In his main brief         

                                                                                      
            1 With regard to the status of the claims, appellant’s statement on page 2
            of the main brief that claims 1-10 are all rejected is incorrect.         





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