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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 16 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _______________ Ex parte KEN J. CHIANG ______________ Appeal No. 1996-2398 Application 08/140,8401 _______________ ON BRIEF _______________ Before DOWNEY, WARREN and ELLIS, 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 refusing to allow claims 1 and 3 through 5 as amended subsequent to the final rejection. These are all of the claims remaining in the application as claim 2 was canceled subsequent to the final rejection.2 We have carefully considered the record before us, and based thereon, find that we cannot 1Application for patent filed October 25, 1993. 2Amendment of March 6, 1995 (Paper No. 9). We observe that while the examiner stated that this amendment would be entered upon the filing of an appeal in his advisory action of March 14, 1995 (Paper No. 10), the amendment has not been clerically entered. - 1 -Page: 1 2 3 4 NextLast modified: November 3, 2007