Ex parte BARNES 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           for publication in a law journal and (2) is not binding precedent of the Board.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. 36            
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    ____________                                      
                  Ex parte CHERIE C. BARNES and DAVID J. WIERBOWSKI                   
                                    ____________                                      
                                Appeal No. 1996-1243                                  
                             Application No. 08/226,224                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before HAIRSTON, JERRY SMITH and BARRETT, Administrative                    
          Patent Judges.                                                              
          JERRY SMITH, Administrative Patent Judge.                                   


                                 DECISION ON APPEAL                                   
               This is a decision on the appeal under 35 U.S.C.  134                 
          from the examiner’s final rejection of claims 27-30, 32, 33,                
          35-43 and 45-50, which constituted all the claims in the                    
          application.  An amendment was filed concurrently with the                  
          Notice of Appeal on July 20, 1995.  This amendment sought to                
          add new claims 51-55 to the application, but the amendment was              
          denied entry by the examiner [Paper #27].  Appellants filed a               
          petition to the Commissioner on September 25, 1995 to require               





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