Ex parte TUTT et al. - 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                                   was not written for publication and is not binding precedent of                                         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. 19                             

                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                             
                                                           _______________                                                                 

                                           BEFORE THE BOARD OF PATENT APPEALS                                                              
                                                       AND INTERFERENCES                                                                   
                                                           _______________                                                                 

                                                        Ex parte LEE W. TUTT                                                               
                                                      and SHARON W. WEBER                                                                  
                                                           ______________                                                                  

                                                         Appeal No. 1996-1887                                                              
                                                         Application 08/295,315                                                            
                                                           _______________                                                                 

                                                     HEARD: September 12, 2000                                                             
                                                           _______________                                                                 

                Before KIMLIN, WARREN and DELMENDO, Administrative Patent Judges.                                                          

                WARREN, Administrative Patent Judge.                                                                                       
                                                   Decision on Appeal and Opinion                                                          
                        This is an appeal under 35 U.S.C. § 134 from the decision of the examiner refusing to allow                        
                claims 7 through 11 as amended subsequent to the final rejection, which are all of the claims remaining in                 
                the application.1                                                                                                          
                        We have carefully considered the record before us, and based thereon, find that we cannot                          
                sustain the grounds of rejection of appealed claims 7 through 11 under 35 U.S.C. § 103 over DeBoer                         
                ‘572 in view of DeBoer ‘582 and Vanier ‘860 and of appealed claims 7 and 11 over DeBoer ‘572 in                            
                view of DeBoer ‘582 and Vanier ‘860, as applied in the first ground of rejection,                                          
                                                                                                                                           
                1  See specification, page 19, and the amendment of July 14, 1995 (Paper No. 7).                                           

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