Ex Parte HUMMEL - 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          not written for publication and is not binding precedent of the             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. 38              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                               Ex parte JOSEPH HUMMEL                                 
                                   _____________                                      
                                Appeal No. 1997-0144                                  
                             Application No. 08/424,223                               
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before CALVERT, FRANKFORT, and JENNIFER D. BAHR, Administrative             
          Patent Judges.                                                              
          FRANKFORT, Administrative Patent Judge.                                     
                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1 through 3, 5, 6, 11, 12, 15 through 18, 25,           
          26, 35 and 36.  Claims 4, 7 through 10, 13, 14, 19 through 24 and           
          27 through 34, all of the other claims remaining in this                    
          application, stand withdrawn from consideration under 37 CFR                
           1.142(b) as being directed to non-elected species.                        

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