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and is not binding precedent of the Board.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
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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 In the examiner’s answer (Paper No. 8, page 4), the examiner has withdrawn the 35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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