Ex parte LEWIS - 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                     not binding precedent of the Board.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. 37                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                                __________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                                __________                                                                                             
                                                                Ex parte RUSSELL F. LEWIS                                                                                              
                                                                                __________                                                                                             
                                                                     Appeal No. 1997-1572                                                                                              
                                                                  Application 07/792,5341                                                                                              
                                                                               ___________                                                                                             
                                                                  HEARD: December 6, 1999                                                                                              
                                                                               ___________                                                                                             

                     Before THOMAS, LALL and GROSS, Administrative Patent Judges.                                                                                                      
                     LALL, Administrative Patent Judge.                                                                                                                                

                                                                        DECISION ON APPEAL                                                                                             
                                This is a decision on appeal under 35 U.S.C.  134 from                                                                                                
                     the Examiner's final rejection  of claims 1, 3, 7 to 12 and 16   2                                                                                                

                                1  Application for patent filed November 12, 1991.                                                                                                     
                                2 There are two entries in the record marked as final                                                                                                  
                     rejections, [paper nos. 14 and 23].  This appeal is from the                                                                                                      
                     final rejection marked as paper no. 23, the other having been                                                                                                     
                     withdrawn.  An amendment after the final rejection was filed                                                                                                      
                     [paper no. 24], however, it contained only a request for                                                                                                          
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