Ex parte BIVENS - 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          not binding precedent of the Board.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 JACK L. BIVENS                                 
                                      __________                                       
                                 Appeal No. 1999-0053                                  
                               Application 08/714,9541                                 
                                     ___________                                       
                                       ON BRIEF                                        
                                     ___________                                       

          Before ABRAMS, PATE and McQUADE, Administrative Patent Judges.               
          McQUADE, Administrative Patent Judge.                                        


                                  DECISION ON APPEAL                                   
               Jack L. Bivens appeals from the final rejection of claims               
          10 through 13, all of the claims pending in the application.                 
          We reverse and remand the application to the examiner for                    

               1Application for patent filed September 17, 1996.                       
          According to appellant, the application is a division of                     
          Application 08/521,530, filed August 30, 1995, now Patent No.                
          5,590,625, issued January 7, 1997.                                           
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