Ex parte O'BRIEN - 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                          journal and (2) is not binding precedent of the                                                                               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. 12                            
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                 ____________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                 ____________                                                                           
                                                Ex parte FRANCIS J. O’BRIEN Jr.                                                                         
                                                                 ____________                                                                           
                                                           Appeal No. 97-2757                                                                           
                                                    Application No. 08/412,2601                                                                         
                                                                 ____________                                                                           
                                                                    ON BRIEF                                                                            
                                                                 ____________                                                                           
                 Before URYNOWICZ, HAIRSTON and BARRETT, Administrative Patent                                                                          
                 Judges.                                                                                                                                
                 HAIRSTON, Administrative Patent Judge.                                                                                                 


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal from the final rejection of claims 1, 7                                                                     
                 and 10.  In an Amendment After Final (paper number 7), claim                                                                           
                 10 was amended.  As a result of the amendment, the examiner                                                                            
                 withdrew the indefiniteness rejection of claim 10 (paper                                                                               
                 number 8).  Thus, claims 1 and 7 remain before us on appeal,                                                                           


                          1Application for patent filed March 28, 1995.                                                                                 





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