Ex parte DYER - 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                     journal and (2) is not binding precedent of the Board.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. 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                                                                 
                                                                                          1                                                                                            





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