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                                           (2) is not binding precedent of the Board.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