Ex parte ROSENBERG - Page 9




          Appeal No. 97-0690                                                          
          Application No. 08/375,094                                                  


          U.S.C. § 112, second paragraph, has not been sustained; but                 
          that the examiner's rejection of appealed claims 1, 9 and 11                
          under 35 U.S.C. § 102(b) relying on Lockwood has been                       
          sustained.                                                                  






          The decision of the examiner is, accordingly, affirmed-                     
          in-part.                                                                    

               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 

                                  AFFIRMED-IN-PART                                    












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