Ex parte SUMMERFELT - 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                     (2) is not binding precedent of the Board.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. 17                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                              _______________                                                                                          

                                                       BEFORE THE BOARD OF PATENT APPEALS                                                                                              
                                                                        AND INTERFERENCES                                                                                              
                                                                              _______________                                                                                          

                                                                Ex parte SCOTT R. SUMMERFELT                                                                                           
                                                                              ______________                                                                                           

                                                                            Appeal No. 96-0176                                                                                         
                                                                         Application 08/012,5561                                                                                       
                                                                              _______________                                                                                          

                                                                                   ON BRIEF                                                                                            
                                                                              _______________                                                                                          

                     Before WARREN, OWENS and KRATZ, Administrative Patent Judges.                                                                                                     

                     WARREN, Administrative Patent Judge.                                                                                                                              
                                                                             Decision on Appeal                                                                                        
                                This is an appeal under 35 U.S.C. ' 134 from the decision of the examiner finally rejecting                                                            
                     claims 1 through 15, 28 and 30 and refusing to allow claims 29 and 31 as amended subsequent to the                                                                
                     final rejection.  Claims 1 through 12, 14 and 28 through 31 remain for consideration on appeal because                                                            
                     the examiner withdrew the sole ground of rejection of claims 13 and 15 in the supplemental examiner=s                                                             
                     answer (Paper No. 11; page 5).  Claims 16 through 27 are also of record and stand withdrawn from                                                                  
                     consideration under 37 CFR ' 1.142(b).  Claim 1 is illustrative of the claims on appeal:                                                                          


                     1Application for patent filed February 2, 1993.                                                                                                                   
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