Ex parte AYERS et al. - 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                         journal and (2) is not binding precedent of the Board.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. 19                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                                    Ex parte RAY R. AYERS and DONALD W. ALLEN                                                                 
                                                             ____________                                                                     
                                                        Appeal No. 96-2247                                                                    
                                                Application No. 08/218,4881                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before FRANKFORT, McQUADE, and NASE, Administrative Patent                                                                    
                Judges.                                                                                                                       
                NASE, Administrative Patent Judge.                                                                                            



                                                        DECISION ON APPEAL                                                                    
                         This is a decision on appeal from the examiner's final                                                               
                rejection of claims 1 through 3, which are all of the claims                                                                  
                pending in this application.2                                                                                                 


                         1Application for patent filed March 28, 1994.                                                                        
                         2The appellants' reply brief (Paper No. 15, filed October                                                            
                16, 1996) amended claim 1 to overcome the new ground of rejection                                                             
                set forth in the examiner's answer (Paper No. 10, mailed                                                                      
                September 18, 1995).  Based upon the amendment to claim 1, the                                                                
                supplemental examiner's answer (Paper No. 18, mailed March 21,                                                                
                1997) withdrew the new ground of rejection.                                                                                   




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