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journal and (2) is not binding precedent of the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. 12
UNITED STATES PATENT AND TRADEMARK OFFICE
________________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
________________
Ex parte SHERWIN MENDELL
________________
Appeal No. 96-0926
Application 07/995,6831
________________
ON BRIEF
________________
Before DOWNEY, METZ and ELLIS, Administrative Patent Judges.
METZ, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the
examiner's refusal to allow claims 3 through 5. In his Answer
(Paper Number 11), the examiner has withdrawn the rejection of
claims 1 through 5 under 35 U.S.C. § 101. Thus, claims 1 and
2 remain in the application but are no longer rejected by the
Application for patent filed December 23, 1992.1
1
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