Ex parte NICKENS et al. - 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                   for publication and is not binding precedent of the Board.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. 31        

                      UNITED STATES PATENT AND TRADEMARK OFFICE                    
                                    ____________                                   
                         BEFORE THE BOARD OF PATENT APPEALS                        
                                 AND INTERFERENCES                                 
                                    ____________                                   
                    Ex parte DAN A. NICKENS and CHARLES C. MATTERN                 
                                    ____________                                   
                                Appeal No. 1998-3402                               
                             Application No. 08/190,929                            
                                    ____________                                   
                                      ON BRIEF                                     
                                    ____________                                   
         Before CALVERT, NASE, and JENNIFER D. BAHR, 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 15, 18 and 19.  Claims 16 and 17, the            
         only other claims pending in this application, have been                  
         withdrawn from consideration under 37 CFR  1.142(b) as being             
         drawn to a nonelected invention.                                          








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