Ex parte POWERS, III - Page 9




          Appeal No. 1998-3399                                                        
          Application No. 08/239,138                                                  


                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 1 through                
          43 under 35 U.S.C. § 103 is affirmed as to claims 1 through 5,              
          10 through 13, and 15 through 43 and reversed as to claims 6                
          through 9 and 14.                                                           
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    




                         JOSEPH F. RUGGIERO            )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         ANITA PELLMAN GROSS           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         STUART S. LEVY                )                              
                         Administrative Patent Judge   )                              



          apg/vsh                                                                     
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