Ex parte BIRZER - Page 1



                                                       Paper No. 16                   

               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          (2) is not binding precedent of the Board.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 JOHANNES BIRZER                              
                                     ______________                                   
                                   Appeal No. 1997-3743                               
                              Application 08/419,166                                  
                                    _______________                                   
                              ON BRIEF                                                
                                    _______________                                   
          Before THOMAS, KRASS and DIXON, Administrative Patent Judges.               
          THOMAS, Administrative Patent Judge.                                        
                                                                                     
                                   DECISION ON APPEAL                                 

               This is a decision on the appeal from the examiner's final             
          rejection of claims 1 through 4 and 9.  Since the examiner has              
          allowed claims 1 through 4 at page 2 of the answer, the only                
          claim                                                                       
          that remains on appeal is claim 9.                                          
               Claim 9 is reproduced below:                                           
               9.  A system for communicating data between a peripheral               
          unit of a modular programmable controller having at least one               
                                            1                                         




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