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                     journal and (2) is not binding precedent of the Board.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 JERRY R. SMITH                                                                                         
                                                                               _____________                                                                                           

                                                                            Appeal No. 96-2515                                                                                         
                                                                         Application 08/037,5671                                                                                       
                                                                              ______________                                                                                           

                                                                                   ON BRIEF                                                                                            
                                                                              _______________                                                                                          

                     Before URYNOWICZ, JERRY SMITH and BARRETT, Administrative Patent Judges.                                                                                          

                     URYNOWICZ, Administrative Patent Judge.                                                                                                                           


                                                                         DECISION ON APPEAL                                                                                            

                                           This appeal is from the final rejection of claims 1-7 and 9-20.  The examiner has indicated that                                            

                     claim 8 would be allowable if rewritten in independent form.                                                                                                      

                                           The invention pertains to a transducer device for the ear. Claim 1 is illustrative and reads as                                             



                                1Application for patent filed March 25, 1993.                                                                                                          
                                                                                              1                                                                                        





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