Ex parte KACINES - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 15                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                      Ex parte STEVEN C. KACINES                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1999-1747                                                                         
                                                      Application No. 08/715,4221                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before CALVERT, McQUADE, 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 to 16, which are all of the claims                                                                               
                 pending in this application.2                                                                                                          


                          1Application for patent filed September 18, 1996.                                                                             
                          2We note that claim 6 was never included in any of the                                                                        
                 rejections under 35 U.S.C. § 103 set forth by the examiner in                                                                          
                 any Office action.  However, the examiner did indicate in the                                                                          
                 disposition of claims section of the Office Action Summary                                                                             
                 that claim 6 was rejected.  Therefore, for purposes of this                                                                            
                 appeal, we will considered claim 6 to be rejected on the same                                                                          
                                                                                                            (continued...)                              




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