Ex Parte WINDLE - 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                                            and is not binding precedent of the Board.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. 17              
                                UNITED STATES PATENT AND TRADEMARK OFFICE                                                 
                                                      ____________                                                        
                                     BEFORE THE BOARD OF PATENT APPEALS                                                   
                                                 AND INTERFERENCES                                                        
                                                      ____________                                                        
                                            Ex parte BRADFORD E. WINDLE                                                   
                                                      ____________                                                        
                                                  Appeal No. 1997-4145                                                    
                                               Application No. 08/361,3281                                                
                                                      ____________                                                        
                                                        ON BRIEF                                                          
                                                      ____________                                                        
              Before WINTERS, SPIEGEL, and MILLS, Administrative Patent Judges.                                           
              SPIEGEL, Administrative Patent Judge.                                                                       




                                                 DECISION ON APPEAL                                                       
                     This is a decision on appeal under 35 U.S.C.  134 from the examiner's final                         
              rejection of claims 1 through 5, 10, 26 through 29 and 33 through 40.  Claims 6 through                     
              9 are objected to as being dependent  upon a rejected base claim, but would be                              
              allowable if rewritten in independent form including all of the limitations of the base                     
              claim and any intervening claims (see e.g., advisory action mailed December 6, 1996                         


                     1 Application for patent filed December 21, 1994.  According to appellant, this application is a     
              continuation-in-part of application 08/264,802 filed June 23, 1994, which issued as U.S. Patent No.         
              5,707,797 on January 13, 1998, which is a continuation-in-part of application 08/002,781 filed January 8,   
              1993, now abandoned.                                                                                        





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