Ex parte BATDORF - 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                 publication in a law journal and (2) is not binding precedent of the Board.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. 12                                      
                                       UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                                   __________                                                                           
                                             BEFORE THE BOARD OF PATENT APPEALS                                                                         
                                                            AND INTERFERENCES                                                                           
                                                                   __________                                                                           
                                                    Ex parte DANIEL J. BATDORF                                                                          
                                                                   _________                                                                            
                                                          Appeal No. 1997-0998                                                                          
                                                       Application 08/251,4941                                                                          
                                                                  ___________                                                                           
                                                                    ON BRIEF                                                                            
                                                                  ___________                                                                           

                 Before OWENS, WALTZ and SPIEGEL, Administrative Patent Judges.                                                                         
                 WALTZ, Administrative Patent Judge.                                                                                                    


                                                           DECISION ON APPEAL                                                                           
                          This is an appeal under 35 U.S.C. § 134 from the                                                                              
                 examiner’s refusal to allow claims 1 through 5, 9, 13 through                                                                          
                 15 and 22  as amended subsequent to the final rejection (see2                                                                                                                      




                          1    Application for patent filed May 31, 1994.                                                                               
                          2    As noted in the Answer, pages 2 and 3, claim 23 as presented by appellant in                                             
                 the amendment dated Jan. 11, 1996, Paper No. 4, has been renumbered as claim 22 since                                                  
                 the claims as originally filed contained no claim 18.                                                                                  
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