Ex parte SIMMONS - 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                              journal and (2) is not binding precedent of the Board.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. 13                                                                     

                                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                      
                                                                     ________________                                                                                      
                                                   BEFORE THE BOARD OF PATENT APPEALS                                                                                      
                                                                    AND INTERFERENCES                                                                                      
                                                                     ________________                                                                                      
                                                               Ex parte GLENN SIMMONS                                                                                      
                                                                     ________________                                                                                      
                                                                   Appeal No. 97-2456                                                                                      
                                                              Application 08/424,0641                                                                                      
                                                                     ________________                                                                                      
                                                                             ON BRIEF                                                                                      
                                                                     ________________                                                                                      
                    Before CALVERT, Administrative Patent Judge, McCANDLISH, Senior                                                                                        
                    Administrative Patent Judge and McQUADE, Administrative Patent                                                                                         
                    Judge.                                                                                                                                                 
                    McQUADE, Administrative Patent Judge.                                                                                                                  


                                                                   DECISION ON APPEAL                                                                                      
                              Glenn Simmons appeals from the final rejection of claims 1                                                                                   
                    through 18, all of the claims pending in the application.                                                                                              
                              The invention relates “generally to measuring devices, and                                                                                   
                    more particularly, to measuring devices having color coded                                                                                             


                              1Application for patent filed April 19, 1995.                                                                                                
                                                                                   -1-                                                                                     





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