Ex Parte SMITH - 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               today was not written for publication and is not                       
               binding precedent of the Board.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. 22                   
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
                              Ex parte RANDALL C. SMITH                               
                                  ________________                                    
                                Appeal No. 1998-2612                                  
                               Application 08/478,289                                 
                                  ________________                                    
                                      ON BRIEF                                        
                                  ________________                                    
          Before HAIRSTON, JERRY SMITH and LALL, Administrative Patent                
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   

                                 DECISION ON APPEAL                                   
                                                                                     
          This is a decision on the appeal under 35 U.S.C. § 134                      
          from the examiner’s rejection of claims 13, 16 and 17.  Claims 1-           
          11 have been cancelled.  Claims 12, 14 and 15 stand withdrawn               
          from consideration as being directed to a non-elected invention.            
          An amendment after final rejection was filed on October 27, 1997            
          but was denied entry by the examiner.                                       

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