Ex parte SIMMONS et al. - 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          not binding precedent of the Board.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. 23              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                          Ex parte JAMES A. SIMMONS, JR.,                             
                               and JOSEPH J. HARDING                                  
                                    _____________                                     
                                Appeal No. 1999-2132                                  
                               Application 08/672,856                                 
                                   ______________                                     
                                 HEARD: MAY 3, 2000                                   
                                   _______________                                    
          Before McCANDLISH, Senior Administrative Patent Judge, and                  
          STAAB and GONZALES, Administrative Patent Judges.                           
          GONZALES, Administrative Patent Judge.                                      

                                 DECISION ON APPEAL                                   

               This is a decision on an appeal from the examiner's final              
          rejection of claims 1 through 13, 20 and 21.  Claims 14                     
          through 19 have been canceled.                                              


               We REVERSE.                                                            









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