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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 1Page: 1 2 3 4 5 6 7 NextLast modified: November 3, 2007