Ex parte RICHELSOPH - 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                                    for publication and is not binding precedent of the Board.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. 37              
                               UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                     ____________                                                      
                                    BEFORE THE BOARD OF PATENT APPEALS                                                 
                                                AND INTERFERENCES                                                      
                                                     ____________                                                      
                                           Ex parte MARC E. RICHELSOPH                                                 
                                                     ____________                                                      
                                                 Appeal No. 2000-0198                                                  
                                              Application No. 08/400,178                                               
                                                     ____________                                                      
                                                       ON BRIEF                                                        
                                                     ____________                                                      
              Before CALVERT, ABRAMS and McQUADE, Administrative Patent Judges.                                        
              ABRAMS, Administrative Patent Judge.                                                                     



                                                DECISION ON APPEAL                                                     
                     This is a decision on appeal from the examiner's final rejection of claims 21-30.  At             
              that point, claims 1-19 had been canceled and claim 20 had been allowed.  After the final                
              rejection, the appellant canceled claims 24, 25, 27 and 28 (Paper No. 27), leaving claims                
              21-23, 26, 29 and 30 on appeal.  In the Answer (Paper No. 31), the examiner indicated                    
              that claims 21, 26, 29 and 30 also were allowable, leaving claims 22 and 23 before us on                 
              appeal.                                                                                                  


                     We REVERSE.                                                                                       







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