The opinion in support of the decision being entered today was not written for publication and is not binding precedent of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 ROBERT J. FLATHAU, ALAN E. SOLTYSIK and ROBERT A. SPINDLER
____________
Appeal No. 2000-0516
Application No. 08/935,609
____________
ON BRIEF
____________
Before McCANDLISH, Senior Administrative Patent Judge, COHEN and JENNIFER D. BAHR,
Administrative Patent Judges.
BAHR, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claim 32. Claims 29-
31 stand allowed. The preliminary amendment (Paper No. 3) filed September 23, 1997
included on page 1 thereof an express request to cancel claims 25-28 and add claims 29-32, but
indicated on page 3 thereof that claims 1-28 were canceled in that amendment. The examiner
(Paper No. 5, page 2) interpreted the above-mentioned preliminary amendment as canceling
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