Ex parte MATTISON - Page 1

                     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          was not written for publication in a law journal and (2) is not              
          binding precedent of the Board.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. 27                   
                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                            Ex parte PHILLIP E. MATTISON                              
                                  Appeal No. 95-1851                                   
                               Application 07/902,1861                                 
                                       ON BRIEF                                        
          Before HAIRSTON, JERRY SMITH and LEE, Administrative Patent                  
          LEE, Administrative Patent Judge.                                            

                                  DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C.  134 from the             
          examiner's final rejection of claims 1-4. 2   We reverse.                    

            Application filed June 22, 1992.1                                                                       
             Appellant's Amendment C (Paper No. 7) is indicated on2                                                                       
          the file wrapper as not having been entered.  However, the appeal            
          brief at 1 states that the examiner indicated that the amendment             
          would be entered upon the filing of an appeal and assumes that               
          the amendment will be entered.  The examiner's answer states on              
          page 1 that "appellant's statement of the status of amendments               
          after final rejection contained in the brief is correct."  The               
          examiner's answer also states that the statement of the status of            


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