Ex parte TOWNSEND et al. - 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                                                 for publication and is not binding precedent of the Board.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. 25                           

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                  
                                                                       ____________                                                                                 
                                                BEFORE THE BOARD OF PATENT APPEALS                                                                                  
                                                                AND INTERFERENCES                                                                                   
                                                                       ____________                                                                                 
                                        Ex parte DAVID E. TOWNSEND and CHUN-MING CHEN                                                                               
                                                                       ____________                                                                                 
                                                                 Appeal No. 1999-0111                                                                               
                                                              Application No. 08/484,593                                                                            
                                                                       ____________                                                                                 
                                                                          ON BRIEF                                                                                  
                                                                       ____________                                                                                 
                   Before ELLIS, ROBINSON and MILLS, Administrative Patent Judges.                                                                                  
                   ELLIS, Administrative Patent Judge.                                                                                                              



                                                                DECISION ON APPEAL                                                                                  
                            This is an appeal pursuant to 35 U.S.C. § 134 from the examiner’s final rejection of                                                    
                                                                                                                      1                                             
                   claims 1-3, 6, 7, 9-16, 19, 20, 22-28, 31, 32, 34-39, 42, 43 and 45-53.   Claims 4, 5, 8, 17,                                                    


                            1We note the appellants’ statement on page 4 of the Reply Brief (Paper No. 19)                                                          
                   that the Supplemental Response filed May 7, 1997 [sic] in Paper No. 10 contains an                                                               
                   inadvertent error.  According to the appellants, claim 29 was to be canceled, not claim 19.                                                      
                   Since the examiner does not contest this statement, and because the claim change has no                                                          
                   bearing of our disposition of the case, we have listed the claims as indicated by the                                                            
                   appellants.  Upon return of the application to the corps, the examiner should take the                                                           
                                                                                 1                                                                                  





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