Ex parte IRVING - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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 DAVID C. IRVING                                                                        
                                                                   ____________                                                                         
                                                             Appeal No. 98-1460                                                                         
                                                      Application No. 08/615,8201                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before MEISTER, STAAB, and NASE, Administrative Patent Judges.                                                                         
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1 through 19, which are all of the claims                                                                          
                 pending in this application.2                                                                                                          


                          1Application for patent filed March 14, 1996.                                                                                 
                          2Claims 17 and 18 were amended subsequent to the final                                                                        
                 rejection resulting in the sub silentio withdrawal of the                                                                              
                 rejection of claims 17 and 18 under 35 U.S.C. § 112, second                                                                            
                 paragraph, which was made in the final rejection.                                                                                      





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