Ex Parte WINNER - 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                         publication and is not binding precedent of the Board.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. 19             
                           UNITED STATES PATENT AND TRADEMARK OFFICE                                   
                                             ____________                                              
                                BEFORE THE BOARD OF PATENT APPEALS                                     
                                          AND INTERFERENCES                                            
                                             ____________                                              
                                      Ex parte KEVIN D. WINNER                                         
                                             ____________                                              
                                        Appeal No. 2000-0328                                           
                                    Application No. 08/863,345                                         
                                             ____________                                              
                                               ON BRIEF                                                
                                             ____________                                              

            Before FLEMING, DIXON, and LEVY, Administrative Patent Judges.                             
            LEVY, 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 1-471, which are all of the                           
            claims pending in this application.                                                        









                  1 An amendment (Paper No. 10, filed July 13, 2002) was filed subsequent              
            to the final rejection.  The copy of the claims accompanying the brief include             
            the proposed changes.  However, there is no indication in the record that the              
            amendment has been entered by the examiner.  Accordingly, the claims before us             
            on appeal are claims as they stood at the time of the final rejection.                     
            Because the proposed changes to the claims were merely to correct                          
            informalities, this issue should be addressed with the examiner subsequent to              
            the decision on appeal.                                                                    






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