Ex parte THELLER - 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                         journal and (2) is not binding precedent of the Board.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 HUTTON W. THELLER                                                                   
                                                             ____________                                                                     
                                                        Appeal No. 97-2451                                                                    
                                                Application No. 08/260,6351                                                                   
                                                             ____________                                                                     
                                                                ON BRIEF                                                                      
                                                             ____________                                                                     
                Before COHEN, MEISTER, and NASE, Administrative Patent Judges.                                                                
                NASE, Administrative Patent Judge.                                                                                            



                                                        DECISION ON APPEAL                                                                    
                         This is a decision on appeal from the examiner's rejection                                                           
                of claims 1 and 2.  Claims 9, 10 and 16 have been allowed.                                                                    
                Claims 3 to 8 and 13 to 15 have been objected to as depending                                                                 
                from a non-allowed claim.  Claims 11 and 12 have been canceled.                                                               


                         We REVERSE and enter a new rejection pursuant to 37 CFR                                                              
                § 1.196(b).                                                                                                                   

                         1Application for patent filed June 16, 1994.  According to                                                           
                the appellant, the application is a continuation of Application                                                               
                No. 07/980,853, filed November 24, 1992, now U.S. Patent No.                                                                  
                5,331,858.                                                                                                                    




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