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           for publication in a law journal and (2) is not binding precedent of the Board.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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