Ex parte DOUCET - 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                     publication and is not binding precedent of the Board.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. 23         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte LOUIS J. DOUCET                               
                                     ____________                                     
                                 Appeal No. 2000-0581                                 
                              Application No. 08/429,155                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before FRANKFORT, NASE and BAHR, Administrative Patent Judges.              
          BAHR, Administrative Patent Judge.                                          



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 1, 3-8, 10, 12-22 and 24-28.  Claims 9 and              
          11, the only other claims pending in this application, stand                
          withdrawn from consideration under 37 CFR § 1.142(b) as being               
          drawn to a nonelected species.1                                             

               We note that appellant (Paper No. 5, page 6) elected the embodiment of1                                                                     
          Figures 2-2b in response to the examiner's election requirement (Paper No. 3,
          pages 4-5).  While it appears to us that claims 5 and 6 are directed to the 
          embodiment of Figures 3-3b and claims 7, 13 and 26 are directed to the      
                                                                (continued...)        
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