Ex parte MAYER - Page 6




          Appeal No. 1998-2151                                                        
          Application No. 08/580,823                                                  


                                      DECISION                                        
               The decision of the examiner rejecting claims 2 through                
          11 under the first paragraph of 35 U.S.C. § 112 is affirmed as              
          to claims 2 through 8 and 11, and is reversed as to claims 9                
          and 10.  Accordingly, the decision of the examiner is                       
          affirmed-in-part.                                                           
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 C.F.R.                 
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    



                                                       )                              
                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )  BOARD OF PATENT             
                         KENNETH W. HAIRSTON                )                         
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         JERRY SMITH                   )                              
                         Administrative Patent Judge   )                              
          KWH:hh                                                                      



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