Ex parte BABCOCK - 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                          journal and (2) is not binding precedent of the                                                                               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. 18                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                                 Ex parte LLOYD A. BABCOCK, JR.                                                                         
                                                                 ____________                                                                           
                                                           Appeal No. 97-3068                                                                           
                                                    Application No. 08/389,9041                                                                         
                                                                 ____________                                                                           
                                                                    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 final                                                                        
                 rejection of claims 1 through 11, 14 and 15, which are all of                                                                          
                 the claims pending in this application.2                                                                                               

                          1Application for patent filed February 16, 1995.                                                                              
                          2Claims 1, 3, 5, 11 and 15 were amended subsequent to the                                                                     
                 final rejection.  Since the examiner did not include the                                                                               
                 rejection of claims 1 through 11, 14 and 15 under 35 U.S.C.                                                                            
                 § 112, second paragraph, in the examiner's answer, we presume                                                                          
                 that this ground of rejection raised in the final rejection                                                                            




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