Ex parte SMYTHE, JR. - 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          not binding precedent of the Board.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. 15              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                    _____________                                      
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                    _____________                                      
                           Ex parte TIMOTHY D. SMYTHE, JR.                             
                                    _____________                                      
                                  Appeal No. 97-3218                                   
                               Application 08/541,947 1                                
                                    ______________                                     
                                       ON BRIEF                                        
                                   _______________                                     

          Before COHEN, NASE and CRAWFORD, Administrative Patent Judges.               
          COHEN, Administrative Patent Judge.                                          

                                  DECISION ON APPEAL                                   

               This is an appeal from the refusal of the examiner to                   
          allow                                                                        
          claim 1, as amended subsequent to the final rejection (Paper                 


               Application for patent filed October 10, 1995.  According to1                                                                      
          appellant, this application is a continuation-in-part of application         
          08/505,797, filed July 21, 1995, now U.S. Patent No. 5,644,892, issued       
          July 8, 1997.                                                                
                                          1                                            





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