Ex parte PHILLIPS - 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          publication in a law journal and (2) is not binding precedent of the Board.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. 35           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                     __________                                       
                              Ex parte VAN L. PHILLIPS                                
                                     __________                                       
                                 Appeal No. 1999-0242                                 
                               Application 08/643,829                                 
                                     ___________                                      
                                 HEARD: May 17, 2000                                  
                                     ___________                                      

          Before ABRAMS, MCQUADE, and BAHR, Administrative Patent                     
          Judges.                                                                     
          MCQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Van L. Phillips originally took this appeal from the                   
          final rejection of claims 17 through 32.  Inasmuch as the                   
          appellant has since canceled claims 17 through 27, the appeal               
          now involves claims 28 through 32, the only claims presently                
          pending in the application.                                                 
               The invention relates to “a construction which permits                 
          the attachment of a prosthetic device having a relatively flat              


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