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for publication and is not binding precedent of the Board.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. 30
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte FRANK J. HUGHES
and
EDWARD A. TRAVNICEK
____________
Appeal No. 1998-0653
Application No. 08/282,278
____________
ON BRIEF
____________
Before KIMLIN, LIEBERMAN, and DELMENDO, Administrative Patent Judges.
LIEBERMAN, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner
refusing to allow claims 1 through 7, 37, 38 and 41, which are all the claims pending in
this application.1 Claims 8 through 33 have been canceled. Claims 34 through 36 and
1The Final Rejection indicated that claims 34 through 36 were allowed and claims 1 through 9 and 37
through 38 were rejected. An amendment subsequent to the Final Rejection received March 3, 1997
containing proposed claims 39 through 40, was not entered by the examiner. See the Advisory Action mailed
April 24, 1997. A second amendment after final received May 2, 1997, containing proposed claims 41 and
42 and canceling claims 8 and 9 was entered by the examiner. See the Supplemental Examiner’s Answer, page
1.
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