Ex parte CATES - Page 1




                         THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                 
          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          publication and is not binding precedent of the Board.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. 18                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte THOMAS G. CATES II                              
                                     __________                                       
                                Appeal No. 1997-0221                                  
                               Application 08/248,496                                 
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      

          Before WINTERS, WALTZ, and LIEBERMAN, Administrative Patent                 
          Judges.                                                                     
          WALTZ, Administrative Patent Judge.                                         

          DECISION ON APPEAL                                                          
               This is an appeal from the examiner’s refusal to allow                 
          claims 1 through 7 as amended subsequent to the final                       
          rejection (see the amendment dated Jan. 16, 1996, Paper No. 9,              
          entered as per the Advisory Action dated Feb. 7, 1996, Paper                
          No. 10).  Claims 8 through 13, the only other claims in this                
          application, stand withdrawn from further consideration by the              



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