Ex Parte NIVEN 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                                     written for publication and is not binding precedent of the Board.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. 27                            
                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                       BEFORE THE BOARD OF PATENT APPEALS                                                             
                                                    AND INTERFERENCES                                                                 
                                        Ex parte RALPH NIVEN and COLIN G. PITT                                                        
                                                     Appeal No. 1996-3791                                                             
                                                    Application 08/028,0871                                                           
                                                            ON BRIEF                                                                  

               Before WILLIAM F. SMITH, SPIEGEL and SCHEINER, Administrative Patent Judges.                                           
               WILLIAM F. SMITH, Administrative Patent Judge.                                                                         

                                                    DECISION ON APPEAL                                                                
                       This is an appeal pursuant to 35 U.S.C.  134 from the final rejection of claims                               
               29 through 33 and 46 through 55.2  Claims 1 through 28, the only other claims pending                                  
               in the application, have been withdrawn from further consideration under                                               

                       1  Application for patent filed March 8, 1993.                                                                 
                       2  Appellants submitted a corrected appendix of the appealed claims as an attachment to the reply              
               brief filed January 29, 1996.  This corrected appendix includes claims 53-55 which were erroneously omitted in         
               the brief.  The examiner noted in his supplemental answer entered May 15, 1996 that these claims were                  
               treated on the merits.                                                                                                 

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