Ex parte THOMAS - Page 2




          Appeal No. 96-1323                                                          
          Application 08/295,118                                                      








                                 DECISION ON APPEAL                                   
                    This is a decision on appeal from the examiner's                  
          final rejection of claims 1 through 6, which are all of the                 
          claims in this application.  On page 1 of the examiner's                    
          answer (Paper    No. 10), the examiner has indicated that the               
          rejections of claim 6 have been withdrawn and that claim 6                  
          would be "allowed if rewritten to include all [of] the                      
          limitation[s] of claim 1 from which it depends."  Accordingly,              
          only the examiner's rejections of claims 1 through 5 remain                 
          for our consideration on appeal.                                            


                    Appellant's invention is directed to a molded plant               
          tray made from expanded polystyrene foam.  Claim 1 is                       
          representative of the subject matter on appeal and a copy                   
          thereof, as it appears in the Appendix to appellant's brief,                
          is attached to   this decision.                                             



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