Ex parte VELLER - 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                         journal and (2) is not binding precedent of the Board.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. 11                         
                                    UNITED STATES PATENT AND TRADEMARK OFFICE                                                                 
                                                             ____________                                                                     
                                          BEFORE THE BOARD OF PATENT APPEALS                                                                  
                                                        AND INTERFERENCES                                                                     
                                                             ____________                                                                     
                                                  Ex parte DANIEL H. VELLER                                                                   
                                                             ____________                                                                     
                                                        Appeal No. 97-0754                                                                    
                                                Application No. 08/408,4781                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before MEISTER, 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, 2 and 12 through 15.  Claims 3 through 5                                                               
                have been canceled and claims 6 through 11 have been withdrawn                                                                
                from consideration under 37 CFR § 1.142(b) as being drawn to a                                                                
                nonelected invention.                                                                                                         


                         We REVERSE and enter a new rejection pursuant to 37 CFR                                                              


                         1Application for patent filed March 22, 1995.                                                                        





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