Ex parte RHOADS - 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                          journal and (2) is not binding precedent of the Board.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. 24                                                   

                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                             ________________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                             ________________                                                                           
                                                   Ex parte GEOFFREY B. RHOADS                                                                          
                                                             ________________                                                                           
                                                          Appeal No. 1996-3284                                                                          
                                                        Application 08/154,864                                                                          
                                                             ________________                                                                           
                                                                    ON BRIEF                                                                            
                                                             ________________                                                                           
                 Before THOMAS, HAIRSTON and LALL, Administrative Patent                                                                                
                 Judges.                                                                                                                                
                 LALL, Administrative Patent Judge.                                                                                                     


                                                           DECISION ON APPEAL                                                                           
                          This is a decision on the appeal under 35 U.S.C. § 134                                                                        
                 from the final rejection  of claims 3 to 9.1                                                                                           

                          1A first amendment after final was filed [paper no. 12 ½]                                                                     
                 but was refused entry [paper no. 13].  A second amendment                                                                              
                 after final was filed [paper no. 14] and its entry was                                                                                 
                 approved by the Examiner [paper no. 17].  The amendment was                                                                            
                                                                         -1-                                                                            





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