Ex parte SAAR - 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                                      publication and is not binding precedent of the Board.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. 17                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                          Ex parte DAVID A. SAAR                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 2000-0327                                                                         
                                                      Application No. 08/745,330                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before BARRETT, LALL, and LEVY, Administrative Patent Judges.                                                                          
                 LEVY, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal under 35 U.S.C. § 134 from                                                                       
                 the examiner’s final rejection of claims 1-5 and 11-21 , which                                   1                                     

                 are all of the claims pending in this application.  Claims 6-                                                                          
                 10 have been canceled.                                                                                                                 


                                                                   BACKGROUND                                                                           


                          1  The amendment (Paper No. 11, filed October 5, 1998) submitted                                                              
                 subsequent to the final rejection was denied entry by the examiner (Paper No.                                                          
                 12, mailed October 20, 1998).  The amendment attempted to cancel claim 17,                                                             
                 which is not listed in appellant's brief as being on appeal.  As claim 17 was                                                          
                 never canceled, we consider the claim to be before us for decision on appeal.                                                          






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