THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 19
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte PAUL KALMBACH
______________
Appeal No. 95-0715
Application 07/936,9421
_______________
HEARD: September 18, 1997
_______________
Before JOHN D. SMITH, WARREN and WALTZ, Administrative Patent
Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. ' 134 from the decision
of the examiner refusing to allow claims 1 through 3,5, 6 and
17 through 21 as amended subsequent to the final rejection,
which are all of the claims in the application.2 Claims 1 and
173 are illustrative of the claims on appeal:
1 Application for patent filed August 28, 1992.
2 We have entered the amendment after final rejection of
February 14, 1994 (Paper No. 9). We note that this amendment
had not been previously entered even though entry upon the
filing of an appeal was indicated in the advisory action of
March 17, 1994 (Paper No. 10) as stated by appellant in his
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