Ex parte KELLER 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                    for publication in a law journal and (2) is not binding precedent of the Board.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. 13                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                      Ex parte WILLIAM KELLER and CHARLES BERGERON                                                                      
                                                                   ____________                                                                         
                                                           Appeal No. 1999-2368                                                                         
                                                      Application No. 08/771,0181                                                                       
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before FRANKFORT, NASE, and CRAWFORD, 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, 3 and 5 to 9.  Claims 2, 10, 11 and 13                                                                          
                 to 21 have been allowed.  Claims 4 and 12 have been canceled.2                                                                         

                          1Application for patent filed December 20, 1996.                                                                              
                          2The appellants cancellation of claims 4 and 12 was set                                                                       
                 forth in the amendment filed October 14, 1997 (Paper No. 4).                                                                           
                 We note that this cancellation of claims 4 and 12 has not been                                                                         
                                                                                                            (continued...)                              





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