Ex parte BRITT - 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           for publication in a law journal and (2) is not binding precedent of the Board.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. 32         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                  AND INTERFERENCES                                   
                                     ____________                                     
                                 Ex parte MERRIE BRITT                                
                                     ____________                                     
                                 Appeal No. 1999-0635                                 
                              Application No. 08/688,8251                             
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before CALVERT, COHEN and BAHR, Administrative Patent Judges.               
          BAHR, Administrative Patent Judge.                                          



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 2, 5 and 7 through 20, which are all of                 
          the claims pending in this application.2                                    

               Application for patent filed July 31, 1996.  According to the1                                                                     
          appellant, this application is a continuation of Application No. 08/354,718,
          filed December 6, 1994, now abandoned.                                      
               The examiner's comment on page 2 of the answer that the amendment2                                                                     
          after final rejection filed July 15, 1996 in parent Application No. 08/354,718
          has not been entered appears to be in error.  The file record indicates that
                                                                (continued...)        





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