Ex parte BLACKMON et al. - Page 9




            Appeal No. 97-2583                                                                          
            Application 08/156,951                                                                      

                  We call the examiner’s and the appellants’ attention to                               
            claim 16's dependency from claim 14.  It appears from the fact                              
            that claim 15 is the apparatus claim and that claim 16 might                                
            have been intended to depend from claim 15 instead of claim                                 
            14.  We do not address the issue of an apparatus claim being                                
            dependent from a process claim, since that issue has not been                               
            raised by the examiner and is not presently before us.                                      
                                               REVERSED                                                 






                  RICHARD E. SCHAFER                 )                                                  
                  Administrative Patent Judge                )                                          
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                                                             )   BOARD OF PATENT                        
                  JAMESON LEE                        )     APPEALS AND                                  
                  Administrative Patent Judge        )    INTERFERENCES                                 
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                  RICHARD TORCZON                            )                                          
                  Administrative Patent Judge        )                                                  







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