Ex parte KENNEY - 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                                   for publication and is not binding precedent of the Board.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. 38                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                   Ex parte RICHARD E. H. KENNEY                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1998-3316                                                                         
                                                      Application No. 08/203,300                                                                        
                                                                   ____________                                                                         
                                                        HEARD: NOVEMBER 7, 20011                                                                        
                                                                   ____________                                                                         
                 Before COHEN, FRANKFORT, and McQUADE, Administrative Patent                                                                            
                 Judges.                                                                                                                                
                 COHEN, Administrative Patent Judge.                                                                                                    



                                                             DECISION ON APPEAL                                                                         


                          This is an appeal from the final rejection of claims 1                                                                        
                 through 9.  Claims 10 through 18 stand withdrawn.  As a                                                                                
                 consequence of the cancellation of objected to claims 2 and 3,                                                                         
                 following the introduction (Paper No. 25) and then withdrawal                                                                          
                 (Paper No. 28) of a new ground of rejection for these claims,                                                                          


                          1Receipt is acknowledged of appellant's "POST HEARING                                                                         
                 CLARIFICATION" (Paper No. 37).                                                                                                         





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