Ex Parte NALLY - 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            written for publication and is not binding precedent of the Board.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. 18              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                              Ex parte MARTIN P. NALLY                                
                                    _____________                                     
                                Appeal No. 2000-1284                                  
                               Application 08/576,730                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before JERRY SMITH, FLEMING and BARRY, Administrative Patent                
          Judges.                                                                     
          JERRY SMITH, Administrative Patent Judge.                                   
                                 DECISION ON APPEAL                                   
          This is a decision on the appeal under 35 U.S.C. § 134                      
          from the examiner’s rejection of claims 1-3 and 7-12, which                 
          constitute all the claims remaining in the application.  In                 
          response to appellant’s appeal brief, the examiner has indicated            
          that claim 8 now contains allowable subject matter.  Therefore,             
          this appeal is directed to the rejection of claims 1-3, 7 and               
          9-12.                                                                       







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