Ex parte DAVIS - 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        written for publication and is not binding precedent of the Board.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. 22           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                      __________                                       
                          BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                    
                                      __________                                       
                               Ex parte DONNA S. DAVIS                                 
                                      __________                                       
                                 Appeal No. 1998-1005                                  
                              Application No. 08/362,042                               
                                     ___________                                       
                               HEARD: October 17, 2001                                 
                                     ___________                                       


          Before OWENS, LIEBERMAN, 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 1 through 10, which are               
          apparently all of the claims remaining in the above-identified               
          application.1                                                                

                                                                                      
               1  In response to the final Office action of July 15, 1996              
          (paper 8), the appellant submitted an amendment under 37 CFR                 
          § 1.116 (1981) on April 17, 1997 (paper 12), proposing changes               
          to claims 1-3 and 10 and the cancellation of claims 11 and 12.               
          Although the examiner did not issue an advisory action expressly             





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