Ex parte BRANDON - 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               law journal and (2) is not binding precedent of the Board.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. 20                            

                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                          _____________                                                                
                                         BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                     AND INTERFERENCES                                                                 
                                                          _____________                                                                
                                                Ex parte RICHARD L. BRANDON                                                            
                                                          _____________                                                                
                                                         Appeal No.95-1250                                                             
                                                      Application 07/901,7221                                                          
                                                          ______________                                                               
                                                             ON BRIEF                                                                  
                                                         _______________                                                               
               Before KIMLIN, WEIFFENBACH and WARREN, Administrative Patent Judges.                                                    
               WEIFFENBACH, 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 1-3 and 17-24.  In an amendment under 37 CFR  § 1.116 filed December 17, 1993 (Paper No.                         
               9), applicant canceled claims 17, 18, 22 and 23.  In the Answer, for the first time the examiner states                 
               that claim 24, added by an amendment filed August 24, 1993 (Paper No. 7) and rejected over prior                        



                       1 Application for patent filed June 22, 1992.                                                                   
                                                                  -1-                                                                  





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