Ex parte KELLY - 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          not binding precedent of the Board.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. 12              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                              Ex parte DANIEL E. KELLY                                
                                    _____________                                     
                                 Appeal No. 97-0374                                   
                               Application 08/310,4931                                
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before McCANDLISH, Senior Administrative Patent Judge and                   
          FRANKFORT and CRAWFORD, Administrative Patent Judges.                       
          FRANKFORT, Administrative Patent Judge.                                     

                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner's final                 
          rejection of claims 6 and 7.  Claim 1, the only other claim                 
          remaining in the application, stands allowed.  Claims 2                     
          through 5 have been canceled.                                               


               Application for patent filed September 22, 1994.1                                                                     
                                          1                                           





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