Ex parte ELMORE - 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          not binding precedent of the Board.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. 13              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                              Ex parte ROBERT L. ELMORE                               
                                    _____________                                     
                                Appeal No. 1999-1784                                  
                               Application 08/710,853                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before COHEN, FRANKFORT and GONZALES, Administrative Patent                 
          Judges.                                                                     
          COHEN, Administrative Patent Judge.                                         


                                 DECISION ON APPEAL                                   

               This is an appeal from the final rejection of claims 10,               
          11, and 17 through 19.  Claims 12 through 16 and 20 through                 
          24, the only other claims remaining in the application, stand               
          withdrawn as being based upon a nonelected species, pursuant                
          to 37 C.F.R.                                                                

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