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for publication in a law journal and (2) is not binding precedent of the Board.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