Ex parte DWYER et al. - 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                                   for publication and is not binding precedent of the Board.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. 21                        

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                   Ex parte CLIFFORD J. DWYER and TIMOTHY ROBINSON                                                                      
                                                                   ____________                                                                         
                                                           Appeal No. 2000-1948                                                                         
                                                      Application No. 08/751,087                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before COHEN, FRANKFORT and NASE, Administrative Patent Judges.                                                                        
                 NASE, Administrative Patent Judge.                                                                                                     



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal from the examiner's final                                                                        
                 rejection of claims 2 to 5, 12, 16 and 17.  Claims 6 to 11 and                                                                         
                 13 to 15 have been objected to as depending from a non-allowed                                                                         
                 claim.  Claim 1 has been canceled.1                                                                                                    


                          1In the amendment after final (Paper No. 14, filed July                                                                       
                 12, 1999) which was entered by the examiner (see Paper No. 16,                                                                         
                 mailed August 4, 1999), the appellants canceled claim 1 and                                                                            
                 amended claim 6.  In addition, the appellants set forth                                                                                
                 amendments to claims 5, 12 and 16, which amendments have not                                                                           
                 been entered since the proposed words to be changed (i.e.,                                                                             
                 claim 1) do not exist in those claims as those claims were                                                                             
                 amended by the amendment filed on October 5, 1998 (Paper No.                                                                           
                 11).                                                                                                                                   



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