Ex parte GILBERT - 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                         journal and (2) is not binding precedent of the Board.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. 19                          

                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                         ________________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                         ________________                                                                     
                                                Ex parte ANTHONY O. GILBERT                                                                   
                                                         ________________                                                                     
                                                        Appeal No. 96-3033                                                                    
                                                    Application 08/139,5741                                                                   
                                                         ________________                                                                     
                                                                ON BRIEF                                                                      
                                                         ________________                                                                     
                Before ABRAMS, STAAB, and McQUADE, Administrative Patent Judges.                                                              
                STAAB, Administrative Patent Judge.                                                                                           


                                                        DECISION ON APPEAL                                                                    
                         Anthony O. Gilbert (appellant) appeals from the examiner’s                                                           
                refusal to allow claims 1-11 as amended by amendments  filed                             2                                    
                subsequent to the final rejection.  No other claims are pending.                                                              
                We reverse.                                                                                                                   


                         1Application for patent filed October 20, 1993.                                                                      
                         2The amendments in question were filed on February 23, 1995                                                          
                (Paper No. 6) and January 2, 1997 (Paper No. 17).                                                                             
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