Ex parte MCCARTY - Page 1

         The opinion in support of the decision being entered today was           
         not written                                                              
         for publication and is not precedent of the Board.                       

                                                         Paper No. 17             

                     UNITED STATES PATENT AND TRADEMARK OFFICE                    
                        BEFORE THE BOARD OF PATENT APPEALS                        
                                AND INTERFERENCES                                 
                              Ex parte MARK F. MCCARTY                            
                                 Appeal No. 1997-2830                             
                                 Application 08/440,362                           
                                     ON BRIEF                                     
         Before WINTERS, MILLS and GRIMES, Administrative Patent Judges.          
         MILLS, 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 1-5, which are all of           

         the claims pending in this application.                                  

              We reverse.                                                         


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