Ex parte FAIRBANKS - 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          (2) is not binding precedent of the Board.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. 35              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                            Ex parte ROBERT P. FAIRBANKS                              
                                     __________                                       
                                Appeal No. 1997-2840                                  
                               Application 08/265,971                                 
                                     __________                                       
                                      ON BRIEF                                        
                                     __________                                       

          Before WINTERS, GARRIS, and KRATZ, Administrative Patent                    
          Judges.                                                                     
          GARRIS, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is a decision on an appeal from the refusal of the                
          examiner to allow claim 5 as amended subsequent to the final                
          rejection.  This is the sole claim pending in the above                     
          identified application.                                                     

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