Ex parte GORDON - Page 1




                                                       Paper No. 30                   

               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          (2) is not binding precedent of the Board.                                  

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                              Ex parte ELDON L. GORDON                                
                                   ______________                                     
                                Appeal No. 1997-3164                                  
                              Application 08/397,024                                  
                                   ______________                                     
                                   ON BRIEF                                           
                                   _______________                                    
          Before JERRY SMITH, FLEMING and DIXON, Administrative Patent                
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   
                                                                                     
                                 DECISION ON APPEAL                                   
          This is a decision on the appeal under 35 U.S.C.  134                      
          from the examiner’s final rejection of claims 1-4, 6-9, 13, 14              
          and 23-27.  Claims 5, 10-12 and 15-22 had been cancelled.  An               
          amendment after final rejection was filed on September 3, 1996              
          and was entered by the examiner.  This amendment and a                      

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