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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 20 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _____________ Ex parte DAVID J. DYER _____________ Appeal No. 97-4455 Application 08/616,6051 ______________ ON BRIEF _______________ Before ABRAMS, FRANKFORT and CRAWFORD, Administrative Patent Judges. ABRAMS, Administrative Patent Judge. DECISION ON APPEAL This is an appeal from the decision of the examiner finally rejecting claims 3-5 and 9. Claims 1 and 2 have been canceled, and claims 6-8 have been indicated as containing allowable subject matter. No claims have been allowed. 2 1Application for patent filed March 15, 1996. 2Although the appellant stated on page 2 of the Brief that it was indicated that “newly proposed claims 10-12 would be allowable,” it appears to us that these claims (Paper No. 7) were denied entry by the examiner (Paper No. 8). This is borne out by the fact that they were not mentioned in the 1Page: 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007