Ex parte SMITH - 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                  was not written for publication in a law journal and (2) is not                                                                         
                  binding precedent of the Board.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. 17                                           

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                          
                                                                    __________                                                                            
                                              BEFORE THE BOARD OF PATENT APPEALS                                                                          
                                                             AND INTERFERENCES                                                                            
                                                                    __________                                                                            
                                                      Ex parte MICHAEL W. SMITH                                                                           
                                                                    __________                                                                            
                                                            Appeal No. 95-2607                                                                            
                                                    Application No. 07/990,0981                                                                           
                                                                    __________                                                                            
                                                                     ON BRIEF                                                                             
                                                                    __________                                                                            

                  Before GARRIS, PAK and WALTZ, Administrative Patent Judges.                                                                             
                  GARRIS, Administrative Patent Judge.                                                                                                    

                                                            DECISION ON APPEAL                                                                            
                           This is a decision on an appeal from the final rejection of                                                                    
                  claims 1 through 4, 6 and 12 and from the refusal of the examiner                                                                       
                  to allow claim 5 as amended subsequent to the final rejection .                                               2                         
                  The only other claims in the application, which are claims 7                                                                            


                           1Application for patent filed December 14, 1992.                                                                               
                           2We observe that the claim 5 amendment has not been                                                                            
                  clerically processed notwithstanding the entry authorization by                                                                         
                  the examiner.                                                                                                                           
                                                                            1                                                                             





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