Ex parte MCNEILUS et al. - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 13                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                Ex parte GARWIN B. McNEILUS and WILLIAM P. BARTLETT                                                                     
                                                                   ____________                                                                         
                                                           Appeal No. 1999-1535                                                                         
                                                      Application No. 08/752,2201                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before COHEN, MEISTER, and NASE, Administrative Patent Judges.                                                                         
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's                                                                              
                 rejection of claims 19 through 36, which are all of the claims                                                                         
                 pending in this application.2                                                                                                          


                          1Application for patent filed November 19, 1996.                                                                              
                          2The appellant canceled claims 1 through 18 and presented                                                                     
                 new claims 19 through 36 in an amendment after final rejection                                                                         
                 (Paper No. 6, filed May 27, 1998).  While the examiner has                                                                             
                 approved entry of this amendment upon filing of a Notice of                                                                            
                 Appeal and an Appeal Brief (see the Advisory Action, Paper No.                                                                         
                 7, mailed June 17, 1998), we note that this amendment has not                                                                          
                                                                                                            (continued...)                              




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