Ex parte KERCHER - 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               and is not binding precedent of the Board.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. 9                                                                   


                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                         

                                                       ________________                                                             

                                        BEFORE THE BOARD OF PATENT APPEALS                                                          
                                                    AND INTERFERENCES                                                               
                                                       ________________                                                             

                                                 Ex parte DAVID M. KERCHER                                                          

                                                       ________________                                                             

                                                      Appeal No. 2000-0184                                                          
                                                   Application No. 08/955,226                                                       
                                                       ________________                                                             

                                                            ON BRIEF                                                                
                                                       ________________                                                             


               Before FRANKFORT, CRAWFORD, and BAHR, Administrative Patent Judges.                                                  

               FRANKFORT, Administrative Patent Judge.                                                                              



                                                    DECISION ON APPEAL                                                              

               This is a decision on appeal from the examiner's final rejection of claims 1, 2, 5 through 8 and 10                  

               through 13.  In the examiner’s answer (Paper No. 8, page 4), the examiner has withdrawn the 35                       

               U.S.C. § 112, second paragraph, rejection of claims 5 through 8 and 10 through 13, which was the                     

               only rejection applied against those claims in the final rejection.  Accordingly, we dismiss the appeal as           

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