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          written for publication and is not binding precedent of the Board.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. 37         


                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte KEVIN C. SPENCER                              
                                     ____________                                     
                                 Appeal No. 1997-0228                                 
                              Application No. 08/328,534                              
                                     ____________                                     
                                 HEARD: June 14, 2001                                 
                                     ____________                                     

          Before KIMLIN, PAK, and DELMENDO, Administrative Patent Judges.             
          DELMENDO, Administrative Patent Judge.                                      


                                  DECISION ON APPEAL                                  
               This is a decision on an appeal under 35 U.S.C. § 134 from             
          the examiner’s refusal to allow claims 42, 44 through 60, 62, and           
          64 through 82, which are all of the claims pending in the subject           
          application.1                                                               
               The subject matter on appeal relates to a method of                    















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