Ex parte BIERLY - Page 1




             The opinion in support of the decision being entered today was not written
                    for publication and is not binding precedent of the Board.        

                                                                 Paper No. 16         

                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                                Ex parte DON L. BIERLY                                
                                     ____________                                     
                                 Appeal No. 2000-0487                                 
                              Application No. 08/856,228                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before ABRAMS, 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 7 to 9, 11, 12, 14, 15 and 20.  Claim 2 to              
          6 and 13 have been objected to as depending from a non-allowed              
          claim.  Claims 10 and 16 to 19 have been withdrawn from                     
          consideration under 37 CFR § 1.142(b) as being drawn to a                   
          nonelected invention.  Claim 1 has been canceled.                           


               We AFFIRM-IN-PART.                                                     





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