Ex parte JAMES ZAGUROLI, JR. - Page 2

                Appeal No. 97-0750                                                                                                            
                Application 08/329,219                                                                                                        

                                 This is a decision on appeal from the examiner's                                                             
                refusal to allow claims 1, 2, 6, 7 and 8 as amended in a paper                                                                
                filed concurrently with appellant's appeal brief on July 17,                                                                  
                1996.   Claims 3, 4 and 5, the only other claims pending in this2                                                                                                                    
                application, have been objected to by the examiner, and are said                                                              
                to be allowable if rewritten in independent form to include all                                                               
                of the limitations of the base claim and any intervening claims.                                                              

                                 Appellant's invention relates to a self-adjusting lift                                                       
                table for supporting a number of load items at a variable height.                                                             
                On pages 1 and 2 of the specification, appellant indicates that                                                               
                the present invention is an improvement over the lift table seen                                                              
                in U.S. Patent No. 5,299,906 and, in particular, provides a lift                                                              
                table of the type described therein in which the load deflection                                                              
                characteristic is improved, and is easily matched to various load                                                             

                         2Although it is clear from page 2 of the examiner's answer                                                           
                that the amendment filed with the appeal brief on July 17, 1996                                                               
                has been considered and entered by the examiner, we note that                                                                 
                this amendment has not been entered in the "Contents" section of                                                              
                the file wrapper, has not been assigned a paper number, or                                                                    
                otherwise clerically entered.  These oversights should be                                                                     
                corrected in any further prosecution of the application before                                                                
                the examiner.                                                                                                                 


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