Ex parte SMITH - 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                   publication in a law journal and (2) is not binding precedent of the Board.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 ANTHONY SMITH                                                                                
                                                                         __________                                                                                 
                                                                   Appeal No. 97-3983                                                                               
                                                                Application 08/506,8511                                                                             
                                                                        ___________                                                                                 
                                                                          ON BRIEF                                                                                  
                                                                        ___________                                                                                 
                   Before STAAB, McQUADE and NASE, Administrative Patent Judges.                                                                                    
                   McQUADE, Administrative Patent Judge.                                                                                                            

                                                                DECISION ON APPEAL                                                                                  
                            Anthony Smith originally appealed from the final rejection of claims 1 through 20, all                                                  
                   of the claims pending in the application.  The appellant has since waived the appeal as to                                                       
                   claims 1 through 8 (see page 1 in the brief, Paper No. 9).  Accordingly, the appeal as to                                                        
                   these claims is hereby dismissed, leaving for review the standing rejections of claims 9                                                         



                            1Application for patent filed July 25, 1995.                                                                                            
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