Ex Parte CARMAN - 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                             publication and is not binding precedent of the Board.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.  34                  
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                           
                                                 __________                                                     
                                BEFORE THE BOARD OF PATENT APPEALS                                              
                                           AND INTERFERENCES                                                    
                                                 __________                                                     
                                         Ex parte MARK D. CARMAN                                                
                                                 __________                                                     
                                            Appeal No. 1997-2510                                                
                                          Application No. 07/868,539                                            
                                                 __________                                                     
                                                  ON BRIEF                                                      
                                                 __________                                                     
                Before WINTERS, SCHEINER, and ADAMS, Administrative Patent Judges.                              
                ADAMS, Administrative Patent Judge.                                                             

                                           DECISION ON APPEAL1                                                  
                       This is a decision on the appeal under 35 U.S.C. § 134 from the                          
                examiner’s rejection2 of claims 1 and 3-11, which are all the claims pending in                 
                the application.                                                                                


                                                                                                                
                1 We note that the “Request for Withdrawal as Attorney”, received January 31,                   
                2001 (Paper No. 32) was granted (Paper No. 33, mailed February 21, 2001).  As                   
                set forth in Paper No. 33, “[n]o action will be taken in the appeal by the Board of             
                Patent Appeals and Interferences for at least 30 days from the date of this letter              
                so that the applicant will have sufficient time to obtain other representation or               
                take appropriate action.”  Since the mailing of Paper No. 33, no further                        
                communication was received from appellant, or appellant’s representative.                       
                2 We note that this appeal is from the examiner’s non-Final Rejection (Paper No.                
                24, mailed June 15, 1995), of claims 1 and 3-11, which were “twice rejected” at                 
                the time the Notice of Appeal was filed.  See 37 CFR § 1.191(a).                                





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