Ex parte FRANCHAK - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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 LYNN FRANCHAK                                                                        
                                                                   ____________                                                                         
                                                             Appeal No. 98-1456                                                                         
                                                      Application No. 08/294,9581                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before CALVERT, McQUADE, and NASE, Administrative Patent Judges.                                                                       
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is an appeal from the refusal of the examiner to                                                                         
                 allow claims 1, 3, 6 and 8 through 11, as amended subsequent                                                                           
                 to the final rejection.  These claims constitute all of the                                                                            
                 claims pending in this application.2                                                                                                   

                          1Application for patent filed August 24, 1994.                                                                                
                          2While the examiner has approved entry of the amendment                                                                       
                 after final rejection filed on September 8, 1997, we note that                                                                         
                 this amendment has not been clerically entered.                                                                                        





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