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(2) is not binding precedent of the Board.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. 31
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte CRYSTAL A. SMITH
______________
Appeal No. 95-2080
Application 08/053,9651
_______________
ON BRIEF
_______________
Before WARREN, OWENS and LIEBERMAN, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal and Opinion
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally rejecting
claims 5 through 9 and refusing to allow claims 1 through 4 and 10 through 13 as amended subsequent
to the final rejection. Claims 14 through 20 are also of record and have been withdrawn from2
1Application for patent filed April 27, 1993. According to appellant, this application is a continuation
of application 07/423,293 (application ‘293), filed October 18, 1989, now abandoned.
2Appellant presented two amendments subsequent to the final rejection of August 5, 1993 (Paper No.
21). The amendment of November 12, 1993 (Paper No. 22) presented claims 1 and 5 in amended
form as required by 37 CFR § 1.121(b). This amendment was denied entry by the examiner in his
advisory action of November 16, 1993 (Paper No. 23). The amendment of December 1, 1993 (Paper
No. 25) presented only claim 1 in amended form as required by 37 CFR § 1.121(b). This amendment
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