Ex parte BARLEY et al. - Page 1




               The opinion in support of the decision being entered today             
               was not written for publication in a law journal and is                
               not binding precedent of the Board.                                    
                                                               Paper No. 23           



                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                   _______________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                   _______________                                    
                   Ex parte LEONARD V. BARLEY, LINDA M. BARLEY,                       
                       J. ROYCE RENFROW and PATRICK J. TIGHE                          
                                   _______________                                    
                                Appeal No. 1997-3901                                  
                             Application No. 08/231,638                               
                                   _______________                                    
                            ORDER REMANDING TO EXAMINER                               
                                   _______________                                    



               Applicants filed a Reply Brief on May 5, 1997 (Paper No. 18).          
          According to the Patent Application Location and Monitoring (PALM)          
          System, the examiner responded to the Reply Brief in a communication        
          dated June 11, 1997 (Paper No. 20).  However, there is no copy of           
          this communication in the file, and the file itself indicates that          
          Paper No. 20 was another Reply Brief.  Appropriate correction of PALM       
          or the file wrapper is required.                                            
               Furthermore, appellants filed an Information Disclosure                
                                         -1-                                          





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