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                          journal and (2) is not binding precedent of the                                                                               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. 21                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                                        Ex parte JOHN R. SMITH                                                                          
                                                                 ____________                                                                           
                                                          Appeal No. 1996-0670                                                                          
                                                    Application No. 08/043,3881                                                                         
                                                                 ____________                                                                           
                                                        HEARD: October 6, 1999                                                                          
                                                                 ____________                                                                           
                 Before JOHN D. SMITH, WALTZ and SPIEGEL, Administrative Patent                                                                         
                 Judges.                                                                                                                                
                 WALTZ, Administrative Patent Judge.                                                                                                    


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the examiner’s final rejection of                                                                      
                 claims 1-5, 7-26, 28-41 and 53-54.  Subsequent to the final                                                                            
                 rejection, appellants submitted an amendment dated Aug. 15,                                                                            
                 1994, Paper No. 9, which cancelled some claims and amended                                                                             
                 claims 2-5, 7, 9, 14-15, 17-21, 23-26, 28, 30, 35-36 and 38-                                                                           


                          1Application for patent filed April 6, 1993.                                                                                  





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