Ex parte MUELLER - 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 12                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                         Ex parte MARTIN MUELLER                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1997-3814                                                                         
                                                      Application No. 08/601,461                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before FRANKFORT, McQUADE, and NASE, Administrative Patent                                                                             
                 Judges.                                                                                                                                
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 1 to 8, which are all of the claims                                                                                
                 pending in this application.1                                                                                                          



                          1Claim 1 was amended subsequent to the final rejection.                                                                       
                 While the examiner has approved entry of the amendment after                                                                           
                 final rejection (filed January 7, 1997), we note that this                                                                             
                 amendment has not been clerically entered.                                                                                             





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