Ex parte HICKS - 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        written for publication and is not binding precedent of the Board.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. 35           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                               Ex parte RALPH L. HICKS                                
                                     __________                                       
                                Appeal No. 1997-0616                                  
                             Application No. 08/318,205                               
                                     ___________                                      
                              HEARD: SEPTEMBER 13, 2001                               
                                     ___________                                      


          Before GARRIS, DELMENDO, and PAWLIKOWSKI, 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 final rejection of claims 13 through 30, 32                  
          through 53, and 55 through 57, which are all of the claims                  
          pending in the above-identified application.1                               

                                                                                     
               1  In response to the final Office action of February 20,              
          1996 (paper 19), the appellant submitted an amendment under 37              
          CFR § 1.116 (1981) on May 20, 1996 (paper 22), proposing the                
          cancellation of claim 54 and changes to claims 46 and 57.  The              
          examiner indicated in the advisory action of June 13, 1996                  





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