Ex parte STEVE ZAMPELLA et al. - Page 2




                Appeal No. 96-3520                                                                                                            
                Application 08/260,563                                                                                                        




                                                        DECISION ON APPEAL                                                                    
                                 This is a decision on appeal from the examiner's                                                             
                refusal to allow claims 1 through 7, 9 and 10 as amended                                                                      
                subsequent to the final rejection in a paper filed April 27, 1995                                                             
                (Paper No. 7).   Claims 11 through 17, the only other claims2                                                                                                     
                remaining in the application, stand withdrawn from further                                                                    
                consideration under 37 CFR § 1.142(b) as not being directed to                                                                
                the elected invention.  Claim 8 has been canceled.                                                                            


                                 Appellants' invention relates to a steel drum for                                                            
                transporting materials.  As noted on page 2 of the specification,                                                             
                it is an object of the invention to provide a 55 gallon steel                                                                 
                drum which will fit four abreast in an ISO shipping container                                                                 
                with minimum bracing in the ISO container.  Independent claim 1                                                               
                is representative of the subject matter on appeal and a copy of                                                               
                that claim, as it appears in the Appendix to appellants' brief,                                                               
                is attached to this decision.                                                                                                 


                         2Notwithstanding remand of this application to the exami-                                                            
                ner for, inter alia, entry of the amendment filed April 27, 1995                                                              
                (see Paper No. 15), we note that the changes requested in                                                                     
                claims 1 and 2 of the application in that amendment have still                                                                
                not been clerically entered.                                                                                                  
                                                                      2                                                                       





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