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opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is not binding precedent of the Board.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. 20 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte STEVEN P. HOUTCHENS ____________ Appeal No. 1997-4217 Application No. 08/307,178 ____________ ON BRIEF ____________ Before BARRETT, HECKER and LALL, Administrative Patent Judges. LALL, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal from the final rejection1 1An amendment after the final rejection (bearing the certified mailing date of October 15, 1996) is indicated to be filed as paper no. 16 and is indicated as approved for entry by paper no. 17. The amendment corrected only § 112, second paragraph, problems [brief, pages 1 and 2]. The Examiner’s answer did not raise any § 112, second paragraph, problems, but only the section 103 rejection. It is clear that the amendment after the final rejection was in fact considered before the answer was written, even though the date of the entry of the amendment appears in the file record as after the dates of the briefs and the answers. So the claims as amended (continued...)Page: 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007