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publication and is not binding precedent of the Board.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. 43
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte PAUL P. LUGER
____________
Appeal No. 2001-1280
Application No. 07/977,163
____________
ON BRIEF
____________
Before COHEN, McQUADE 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 11-14, 16 and 17. Notwithstanding
appellant's statement on page 2 of the brief (Paper No. 31, filed
August 16, 1996) that an amendment has not been filed subsequent
to the final rejection and the examiner's agreement therewith
(answer, page 3), our review of the record indicates that three
such amendments (Paper Nos. 24, 27 and 34) were filed. The
amendments of Paper Nos. 24 and 34 were not entered (see Paper
Nos. 26 and 35). There is no indication that the examiner has
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