Ex parte CASKEY - Page 11




                 Appeal No. 95-2312                                                                                                                     
                 Application No. 07/897,870                                                                                                             


                          The decision of the examiner is affirmed-in-part.                                                                             
                          No time period for taking any subsequent action in                                                                            
                 connection with this appeal may be extended under 37 CFR                                                                               
                 § 1.136(a).                                                                                                                            




                                                             AFFIRMED-IN-PART                                                                           





                                            JOHN D. SMITH                                )                                                              
                                            Administrative Patent Judge)                                                                                
                                                                                         )                                                              
                                                                                         )                                                              
                                                                                         )                                                              
                                            BRADLEY R. GARRIS                            )  BOARD OF PATENT                                             
                                            Administrative Patent Judge)    APPEALS AND                                                                 
                                                                                         )   INTERFERENCES                                              
                                                                                         )                                                              
                                                                                         )                                                              
                                            CAMERON WEIFFENBACH                                   )                                                     
                                            Administrative Patent Judge)                                                                                


                          3(...continued)                                                                                                               
                 Specifically, the rejection sustained above includes nonargued                                                                         
                 dependent claims certain of which may define features                                                                                  
                 corresponding to those defined by argued claims that were                                                                              
                 determined to be patentable over the applied prior art.  The                                                                           
                 appellant and the examiner may wish to resolve this                                                                                    
                 inconsistency in any further prosecution that may occur.                                                                               
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