Ex parte LUNA et al. - Page 1

                            The opinion in support of the decision being entered today was not                                                          
                             written for publication and is not binding precedent of the Board.                                                         
                                                                                                                    Paper No. 11                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                       Ex parte JOAQUIN E. LUNA                                                                         
                                                             SCOTT A. WHEELLOCK                                                                         
                                                           Appeal No. 1997-3388                                                                         
                                                      Application No. 08/060,767                                                                        
                                                                      ON BRIEF                                                                          
                 Before JOHN D. SMITH, KRATZ, and DELMENDO, Administrative Patent                                                                       
                 KRATZ, Administrative Patent Judge.                                                                                                    

                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1-6.  Claim 7, the sole remaining pending                                                                          
                 claim in this application stands withdrawn from further                                                                                
                 consideration by the examiner as drawn to a non-elected                                                                                

                          1We note that the propriety of the examiner’s restriction                                                                     
                 requirement and the subsequent withdrawal of nonelected claim                                                                          
                 7 from further consideration by the examiner as a result of                                                                            
                 the election made by appellants relate to a petitionable                                                                               
                 matter and not to an appealable matter.  See Manual of Patent                                                                          

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