Ex parte BYRNE - 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                                   for publication and is not binding precedent of the Board.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. 32                        

                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                          Ex parte JOHN D. BYRNE                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1999-1109                                                                         
                                                     Application No. 08/359,904                                                                         
                                                                   ____________                                                                         
                                                                      ON BRIEF                                                                          
                                                                   ____________                                                                         
                 Before RUGGIERO, LALL, and GROSS, Administrative Patent Judges.                                                                        
                 LALL, Administrative Patent Judge.                                                                                                     


                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal under 35 U.S.C. § 134 from                                                                       
                 the Examiner's final rejection  of claims 1-15 and 17-21.1                                                                                


                          1On the latest final rejection, Paper No. 25, the                                                                             
                 Examiner objects to claims 7 and 10.  Also, in the Examiner’s                                                                          
                 answer, Paper No. 28, the Examiner withdraws the 103 rejection                                                                         
                 as to claims 7, 10, 16 and 20, see page 3.  However, we note                                                                           
                 that only claim 16 is free from any kind of rejection either                                                                           
                 under 35 U.S.C. § 112 first or second paragraph or under 35                                                                            
                 U.S.C. § 103.  Therefore, for one reason or another all these                                                                          
                 claims are on appeal, except for claim 16 which is indicated                                                                           
                 to be allowable.                                                                                                                       





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