Ex Parte WHITMIRE - 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                   for publication and is not binding precedent of the Board.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. 15         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                                Ex parte WARD WHITMIRE                                
                                     ____________                                     
                                 Appeal No. 1999-0937                                 
                              Application No. 08/646,530                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before COHEN, STAAB, and McQUADE, Administrative Patent Judges.             
          COHEN, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  


               This is an appeal from the final rejection of claims 1                 
          through 10 and 12 through 14.  These claims constitute all of the           
          claims remaining in the application.  On pages 2 and 8 of the               
          answer (Paper No. 14), the examiner indicates that claims 12 and            
          13 are now deemed to be allowable over the art of record.1                  




               1 The copy of claim 12, attached to the brief, was in error            
          in not reciting on line 1 “mountainous” terrain, consistent with            
          the claim language as it appears in the application file.                   





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