Ex parte SPENCER - 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                        publication and is not binding precedent of the Board.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 DUDLEY W. C. SPENCER                             
                                     ____________                                     
                                 Appeal No. 2000-0605                                 
                              Application No. 08/803,779                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before McQUADE, BAHR and LAZARUS, Administrative Patent Judges.             
          BAHR, Administrative Patent Judge.                                          



                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the examiner's final                 
          rejection of claims 2, 7-10 and 13-17.1  Claims 3-6, the only               
          other claims pending in the application, stand withdrawn from               
          further consideration under 37 CFR § 1.142(b) as being                      
          directed to a non-elected invention.                                        



               1 The amendment filed April 28, 1999 (Paper No. 9) after the final     
          rejection has not been entered (see Paper No. 10).                          
                                          1                                           





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