Ex parte ADAMS et al. - 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                                   (2) is not binding precedent of the Board.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. 20                                 

                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                         

                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                             AND INTERFERENCES                                                                          
                                                                _______________                                                                         

                                                        Ex parte MICHAEL D. ADAMS,                                                                      
                                                DAVID W. AGER and GREGORY K. RHYNE                                                                      
                                                                 ______________                                                                         

                                                              Appeal No. 1997-1735                                                                      
                                                              Application 08/391,668                                                                    
                                                                _______________                                                                         

                                                              HEARD:  April 5, 2000                                                                     
                                                                _______________                                                                         

                 Before KIMLIN, WARREN and LIEBERMAN, Administrative Patent Judges.                                                                     

                 WARREN, Administrative Patent Judge.                                                                                                   

                                                        Decision on Appeal and Opinion                                                                  
                          This is an appeal under 35 U.S.C.  134 from the decision of the examiner finally rejecting                                   
                 claims 1, 4, 5 and 11 and refusing to allow claims 1 through 11 as amended subsequent to the final                                     
                 rejection.1                                                                                                                            
                          We have carefully considered the record before us, and based thereon, find that we cannot                                     
                 sustain the rejection of the appealed claims under 35 U.S.C.  103 over Harms.2  It is well settled that                               


                 1  Amendments of December 11, 1995 (Paper No. 4) and of May 23, 1996 (Paper No. 9).                                                    
                 2  Harm is cited at page 3 of the answer.                                                                                              
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